In today’s digital age, collecting and using customer data has become a regular part of marketing. From emails to online ads, brands depend on personal data to improve communication and increase sales. But with more access comes more responsibility. That’s where consent comes in. Consent in digital marketing is not only a legal requirement—it is also a way to build trust, loyalty, and respect with your audience.
This article explains what consent means in digital marketing, why it matters, where it applies, and how businesses can follow best practices to stay compliant and win customer trust.
What is Consent in Digital Marketing?
Consent in digital marketing means that a user agrees to share their personal information for specific purposes—like receiving emails or being shown personalised ads. Consent must be:
- Freely given – The user has a real choice.
- Informed – The user knows what they’re agreeing to.
- Specific – The user agrees to certain uses of their data.
- Unambiguous – The action clearly shows agreement, such as ticking a box or clicking “Accept.”
There are two types of consent:
- Explicit Consent: The user actively agrees (e.g., signs up or checks a box).
- Implied Consent: The user’s action implies agreement (e.g., continuing to browse a site after seeing a cookie notice), though this is no longer accepted in many regions like the EU under GDPR.
Why Consent is Important
1. Legal Protection
There are many data privacy laws around the world that require businesses to get proper consent from users:
- GDPR (General Data Protection Regulation): A European law that demands clear, opt-in consent for collecting data. Failing to comply can result in fines up to €20 million or 4% of a company’s annual global revenue (European Commission, 2023).
- CCPA (California Consumer Privacy Act): Gives Californians the right to know what data is collected, opt-out of data sales, and request deletion (State of California Department of Justice, 2023).
- PDPA (Personal Data Protection Act): Laws in Southeast Asia, such as those in Singapore and Thailand, require businesses to get consent before using personal data for marketing.
2. Builds Customer Trust
Customers want to feel safe online. According to a Cisco (2021) study, 86% of consumers care about data privacy and want control over their data. When brands ask for consent in a clear and honest way, it shows respect. This builds long-term trust and customer loyalty.
3. Improves Marketing Results
Consent-based marketing performs better because users who opt-in are already interested in your brand. According to Campaign Monitor (2022), email open rates are 11% higher when you use a permission-based email list. You reach the right people, at the right time, with the right message.
Where Consent Matters Most in Digital Marketing
✅ Email Marketing
Before sending promotional emails or newsletters, you must have the user’s permission. The best way is through double opt-in, where the user confirms their email and interest twice.
📬 Use tools like Mailchimp or MailerLite to manage opt-in email lists with proper consent tracking.
✅ Cookies and Tracking
Cookies track what users do on your website. Some are essential for functionality, while others are used for advertising and analytics. Under GDPR and similar laws, websites must ask for consent before placing non-essential cookies.
🍪 Use cookie management tools like Cookiebot or OneTrust to set up legal cookie banners.
✅ Lead Forms and Surveys
Any time you collect data using a form—such as names, phone numbers, or job titles—you need to explain:
- Why you’re collecting it.
- How it will be used.
- Whether it will be shared.
Make sure to add a consent checkbox. Example:
“I agree to receive updates and promotional emails. I can unsubscribe anytime.”
✅ Targeted Advertising
Platforms like Google, Facebook, and Instagram allow brands to target users based on behaviour, interests, and past activity. But to do this legally, users must opt-in to tracking and data use.
🧠 Platforms like HubSpot and Segment can help manage user preferences across channels.
Best Practices for Gaining Consent
1. Use Clear Language
Avoid legal or technical terms. Make it easy to understand. Example:
“We use cookies to improve your browsing experience. Accept to continue or choose your preferences.”
2. Separate Choices
Don’t bundle consent options together. Let users choose what types of messages or tracking they allow.
3. No Pre-Ticked Boxes
Under GDPR, pre-ticked boxes are not valid. The user must take action themselves.
4. Easy to Withdraw Consent
Users must be able to unsubscribe or change preferences anytime. Always include a clear “unsubscribe” link in emails and provide access to preference settings.
5. Keep a Consent Record
Log who gave consent, when, how, and what they agreed to. This is important for proving compliance.
🛠 Tools like ConsentManager help businesses log and manage consent records properly.
Common Mistakes to Avoid
❌ Mistake | ✅ Better Approach |
Pre-checked consent boxes | Use unchecked boxes or toggle switches |
Hard-to-understand privacy terms | Use short, clear sentences |
No unsubscribe option in emails | Always include a visible and working opt-out link |
One checkbox for all permissions | Let users select what types of messages they agree to |
No consent log | Use software to keep a full record of consent actions |
Case Studies: Brands Doing It Right
Apple
Apple is known for its strict privacy policies. It requires apps to ask users whether they want to be tracked, giving full control over data sharing.
Spotify
Spotify lets users manage what types of communications they want to receive. The settings are easy to find and update.
The Guardian
When visiting The Guardian’s website, users see a cookie banner that offers full details and the ability to adjust settings with clear explanations.
Trends: What’s Next for Consent in Digital Marketing?
⭐ Zero-Party Data
Instead of tracking users, brands are encouraging people to voluntarily share information—like preferences and interests. This data is more reliable and builds trust.
⭐ Consent Fatigue
Too many pop-ups can annoy users. Smart marketers are finding ways to make consent requests more engaging, such as interactive banners or progressive disclosures.
⭐ AI and Automation
AI tools will help personalise consent banners, manage legal updates, and offer better user experiences without annoying them.
Note
In digital marketing, consent is more than just a legal requirement—it’s a sign of respect. When you ask users before collecting data and explain how it will be used, you show that you value their trust. Consent helps you follow the law, improve performance, and build relationships that last.
By using clear language, offering real choices, and keeping records, your business can grow in a privacy-first world where customers feel safe and empowered.
References
- Cisco. (2021). 2021 Consumer Privacy Survey. https://www.cisco.com/c/en/us/about/trust-center/privacy-research.html
- European Commission. (2023). Data protection in the EU. https://commission.europa.eu/law/law-topic/data-protection_en
- State of California Department of Justice. (2023). California Consumer Privacy Act (CCPA). https://oag.ca.gov/privacy/ccpa
- Campaign Monitor. (2022). Email marketing benchmarks. https://www.campaignmonitor.com/resources/guides/email-marketing-benchmarks/
- Mailchimp. (n.d.). https://mailchimp.com/
- MailerLite. (n.d.). https://www.mailerlite.com/
- Cookiebot. (n.d.). https://www.cookiebot.com/
- OneTrust. (n.d.). https://www.onetrust.com/
- HubSpot. (n.d.). https://www.hubspot.com/
- Segment. (n.d.). https://segment.com/
- ConsentManager. (n.d.). https://www.consentmanager.net/