Opt-in / Opt-out : what are the differences?
Aug 23, 2022
5/5 - (21 votes)

What is Opt-in / Opt-out ?

Opt-in and opt-out are methods used by companies to collect personal data (email address, telephone number, etc.), particularly for commercial prospecting purposes.

Opt-in / Opt-out, what are the differences?

Opt-in (choose to accept):

Opt-in refers to an active and prior agreement from the user. It is therefore compulsory to obtain the user’s consent: if they have not said “yes”, it is “no”!

Article L34-5 of the French Post and Electronic Communications Code states:

Direct prospecting by means of an automated electronic communications system within the meaning of 6° of Article L. 32, a fax machine or electronic mail using the contact details of a natural person, subscriber or user, who has not previously expressed his or her consent to receive direct prospecting by this means is prohibited.

Example: Before sending advertising by email, it is mandatory to obtain consent via, for example, the following statement : I agree that my email address may be used to receive advertising from ONE GDPR by email.

Opt-out (do not choose to accept):

Opt-out refers to the absence of consent from the user. It is therefore not necessary to obtain the user’s consent: if they have not said “no”, it is “yes”!

Example: If ONE GDPR does not receive the user’s opposition to receiving advertising by email, the person may receive it.