Hi Laurent, we can enforce consent for an individual customer but for 99% of customers this is not practical.
Our T&C require the customer to have a legal basis and all our customers are aware that we can request them to prove the date (and often do). On top of that all customer data goes through manual vetting process at the time of onboarding and we have automated processes to check for changes that would indicate they are trying to load in lists that would be questionable. Many of our customers use their own consent processing end do not rely on ours just pass the data via API - again in such case we have to trust the customer to follow the law and our contract and there is hardly a way for us to identify whether it is valid or not (we do check for obvious stuff like if the API requests claiming similar IPs as source of the consent, etc). In the end I don't believe any ESP could sustain their business if they enforced consent 100% as for most common campaigns consent is not required and legitimate interest or other legal basis is sufficient. That includes order confirmation messages, invoices, bank monthly statements, etc. If we enforced consent then banks would definitelly wave good bye to us in a heartbeat as there is no consent needed for monthly bank statement and that falls under a different legal basis (legal obligation). Jakub Olexa Founder & CEO E-mail: [email protected] <mailto:[email protected]> Tel: +420 777 744 440 <tel:+420777744440> Mailkit - Closing the circle between Deliverability and Engagement <https://www.mailkit.com> On 8.6.2020 13:50, Laurent S. via mailop wrote: > On 08.06.20 11:54, Jakub Olexa via mailop wrote: > > > > Hi Laurent, > > > > we force DOI for subscribe forms and treat everything else as recipients > > without explicity consent. This means that the customer must have a > > different legal basis to use the address (usually legitimate interest > > based on prior business relationship). Some features of our platform are > > limited and won't work with recipients that have no recorded consent. > > Thanks Jakub for your answer. Is there a way for the ISP to identify > what has gone through proper consent? > > It is great that you verify subscribe forms. It's a good beginning. But > if you still allow your clients to add other addresses and to say yeah > yeah, I've got them through "legal" ways, then I am not interested. I am > looking for an ESP that will still verify those. > > On 08.06.20 12:02, Laura Atkins via mailop wrote: >> I don’t think there is one. Rodney Joffe had one for a while, but it’s been >> so >> long I don’t remember the name and I don’t think they’re still around as an >> ESP. > That was my fear :-s > >> … it was whitehat.com <http://whitehat.com> but the website isn’t loading for >> me. >> https://web.archive.org/web/20010609000944/http://www.whitehat.com/interactive/bestpractices.cfm >> is >> a copy of content from back in 2001. The current text on their website >> (viewed >> through archive.org <http://archive.org>) doesn’t mention email marketing at >> all. >> >> laura >> > Thanks Laura, I'll have a deeper look. But I have low hopes. > > Laurent > > > _______________________________________________ > mailop mailing list > [email protected] > https://chilli.nosignal.org/cgi-bin/mailman/listinfo/mailop _______________________________________________ mailop mailing list [email protected] https://chilli.nosignal.org/cgi-bin/mailman/listinfo/mailop
