ePrivacy soft opt-in · European Union, EEA and United Kingdom

The soft opt-in is a narrow door.Most lists walk through a wall.

ConsentCenter records how each address was collected, so you can show which contacts qualify for the soft opt-in and which need consent.

Soft opt-inEuropean Union, EEA and United Kingdom3 provisions cited
  1. 01 Tag
  2. 02 Offer
  3. 03 Sync

Click a provision to read what it says.

“They bought from us once” is not a marketing permission.

Except, sometimes, it is.

The soft opt-in lets you email existing customers about similar products without fresh consent, if you collected the address in a sale, offered an opt-out at the time and offer it in every message. Without a record of how each address arrived, no one can tell which contacts meet those conditions.

What breaks

Where this goes wrong first.

  1. Leads mixed in with customers

    A newsletter signup, a webinar lead and a paying customer sit in the same list. Only one of them can be covered by the soft opt-in.

  2. No opt-out at collection

    The condition starts at checkout. If the opt-out was not offered when the address was taken, the soft opt-in was never available.

  3. Unsubscribe in one tool only

    The email platform honours the unsubscribe. The CRM and the SMS tool do not hear about it.

What changes

What changes for you.

  • Record the source and basis of every marketing contact.

  • Offer the opt-out at collection and honour it from every message.

  • Propagate objections to every system that sends marketing.

How it works

  1. Tag

    Record how and where each contact was collected, and on what basis.

  2. Offer

    Present the opt-out at collection and in every marketing message.

  3. Sync

    Push objections to every system that can send marketing.

Try it

How the opt-out should look.

A checkout set up for the Soft opt-in. Tick the box and watch what the record keeps.

Checkout

alex@example.com
Order total · 1 item
Place order

// marketing record

contact: alex@example.com

source: checkout

basis: soft opt-in

objection: none → similar-product emails allowed

What it is doing

  • The opt-out is offered when the address is collected, unticked.
  • The record keeps the source, “checkout”, and the basis.
  • Every marketing email carries a working unsubscribe.
  • An objection reaches every system that sends marketing.
Not our opinion

What the text actually says.

ePrivacy Directive Article 13(1)
Using email, automated calls or fax for direct marketing is allowed only for subscribers or users who have given prior consent.
ePrivacy Directive Article 13(2)
Contact details obtained in the context of a sale may be used for direct marketing of similar products, if customers can object easily and free of charge at collection and in each message.
PECR Regulation 22(3)
The UK’s equivalent rule allows marketing to existing customers about similar products and services, with a simple means to refuse at collection and in every communication.

Paraphrased for brevity and provided for orientation, not as legal advice. Which obligations apply to your organisation is a question for your own counsel, and ConsentCenter does not determine it for you.

Help & answers

Frequently asked questions

It depends on the country. Some member states, and the UK under PECR, treat emails to corporate subscribers differently. Check the national implementation for each market you send to.

In the UK, the Data (Use and Access) Act 2025 extends a version of it to charities, for supporters who expressed interest, once that provision is in force. In the EU, the Directive ties it to a sale.

No. ConsentCenter is designed to record the source and basis you assign, and to enforce opt-outs. Whether a contact meets the conditions is your call, with your counsel.

Your next step

Bring us your Soft opt-in question.

Show us the consent question you cannot currently answer — the choice that did not propagate, the record you could not reproduce — and we will walk through exactly how ConsentCenter handles it.