Soft opt-in
CIPP/E glossary · Last reviewed: · By Victor Humenhuk (CIPP/E certified)
Soft opt-in - ePrivacy exemption letting a controller email/SMS its own similar products/services to a person whose details it obtained during a sale, if the person could opt out at collection and in every subsequent message.
In the CIPP/E body of knowledge, Soft opt-in comes up under Ch 16.3-16.6 - Channel comparison; Ch 16.5 - Email/SMS and soft opt-in; Ch 3.6 - ePrivacy.
Soft opt-in in context
- The Feb 2022 Council position proposed: territorial scope based on ==users located in the EU== (covering even non-personal data), consent aligned to the GDPR (and ==extended to legal persons==), and a statutory ==soft opt-in== for marketing tied to a purchase. (The ePrivacy Regulation (proposal))
- ==Email/SMS/MMS== need prior opt-in, with the [[soft opt-in]] exception. (Channel-by-channel rules: the consent matrix)
- The exception is the [[soft opt-in]]: marketing your ==own similar products== on an opt-out basis to people whose details you got ==in the context of the sale of a product or service==, provided they were given an easy, free chance to opt out ==both at collection and in every message==. (Marketing by electronic mail and the soft opt-in)
Where Soft opt-in is covered in the CIPP/E study notes
- Privacy and Electronic Communications (ePrivacy) Directive
- Channel-by-channel rules: the consent matrix
- Marketing by electronic mail and the soft opt-in
- Module 8 · Direct marketing channel rules & the soft opt-in
Related terms
- ePrivacy Directive
- Convergence
- Traffic data
- Cookie consent
- ePrivacy Regulation
- Automated calling system
- Corporate Telephone Preference Service
- Electronic mail
- In the context of the sale
- Opt-out address
Test yourself on Soft opt-in
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