Overview
Email opt-in requirements vary by region and impact how you collect customer information during checkout. Understanding these regulations helps you stay compliant while building your email list. Different countries have different laws governing how businesses can collect and use email addresses for marketing purposes. This article covers opt-in requirements for major regions so you can configure your checkout appropriately.
Warning: This article provides general guidance only and does not constitute legal advice. You are responsible for ensuring your checkout and marketing practices comply with applicable laws in your jurisdiction and the jurisdictions of your customers. Consult with a qualified legal professional for specific compliance questions.
United States
The United States operates under the CAN-SPAM Act, which governs commercial email communications.
Key requirements
Opt-out required: You must provide a clear way for recipients to unsubscribe from future emails
Implied consent allowed: You can email customers who have made a purchase or inquiry
Accurate sender information: Emails must include valid sender details and physical address
Honest subject lines: Subject lines must accurately reflect the email content
Checkout configuration
For US-based customers, you can:
Add customers to your email list after purchase (transactional relationship)
Include an optional marketing opt-in checkbox for additional communications
Always provide an unsubscribe option in marketing emails
European Union (GDPR)
The General Data Protection Regulation (GDPR) sets strict standards for data collection and email marketing in the EU.
Key requirements
Explicit consent required: You must obtain clear, affirmative consent before sending marketing emails
Separate consent: Marketing consent must be separate from terms acceptance
Pre-checked boxes prohibited: Opt-in checkboxes cannot be pre-selected
Easy withdrawal: Customers must be able to withdraw consent as easily as they gave it
Data access rights: Customers can request access to or deletion of their data
Checkout configuration
For EU-based customers:
Include an unchecked marketing consent checkbox
Clearly explain what customers are consenting to
Keep records of consent for compliance purposes
Transactional emails (order confirmations, access details) do not require marketing consent
Canada (CASL)
Canada's Anti-Spam Legislation (CASL) is among the strictest email marketing laws globally.
Key requirements
Express consent preferred: Obtain explicit permission before sending commercial emails
Implied consent limited: Implied consent from purchases expires after 24 months
Clear identification: Emails must clearly identify the sender
Unsubscribe mechanism: Must process unsubscribe requests within 10 business days
Checkout configuration
For Canadian customers:
Include an explicit marketing consent checkbox
Document when and how consent was obtained
Track consent expiration for implied consent
Honor unsubscribe requests promptly
Australia (Spam Act)
Australia's Spam Act 2003 regulates commercial electronic messages.
Key requirements
Consent required: You need consent before sending commercial emails
Inferred consent allowed: Existing business relationships can imply consent
Sender identification: Emails must clearly identify the sender
Functional unsubscribe: Must include a working unsubscribe option
Checkout configuration
For Australian customers:
Include an opt-in checkbox for marketing communications
Transactional emails related to purchases are generally permitted
Maintain clear records of consent
Process unsubscribe requests within 5 business days
Configure opt-in settings
To set up email opt-in options on your checkout:
Navigate to Sales in your dashboard
Select your offer and open checkout settings
Go to Form Fields
Enable the marketing consent checkbox
Customize the consent language as needed
Save your changes
Tip: Consider using different checkout configurations for different regions if you have a global audience. This helps ensure compliance while maximizing your ability to communicate with customers who want to hear from you.
FAQs
Do I need separate opt-in for transactional and marketing emails?
Transactional emails (order confirmations, access instructions, account updates) generally don't require marketing consent. Marketing emails (promotions, newsletters, product announcements) do require appropriate consent based on the customer's region.
What if I don't know where my customer is located?
When customer location is uncertain, apply the strictest applicable standard. Using GDPR-compliant practices (explicit opt-in) for all customers is a safe approach.
How long should I keep consent records?
Retain consent records for as long as you're sending marketing emails to that contact, plus any additional period required by applicable law. Many businesses keep records for at least 3-5 years.
Can I email customers who purchased but didn't opt in?
This depends on the region. In the US and Australia, you generally can send marketing emails based on an existing business relationship. In the EU (GDPR) and Canada (CASL), explicit consent is typically required for marketing emails.