Do I Need an Opt-out for GDPR?

✅ If you’re only emailing someone in direct connection with the purpose of the form submission, for example:

  • Sending them a receipt,
  • Confirming a booking,
  • Responding to an enquiry,
  • Delivering a requested download,

Then you’re likely processing that data under the lawful basis of “contract” (Article 6(1)(b) UK GDPR), not “consent.”

👉 In this case, you do not need to provide an opt-out because you’re fulfilling a service the user actively requested. You’re not doing unsolicited marketing, you’re completing the transaction.


❗However, if you plan to use their data for marketing purposes such as:

  • Sending newsletters,
  • Promotions,
  • Follow-up offers,
  • Sharing data with third parties,

Then the lawful basis would likely be “consent”, and you must:

  • Obtain clear, specific consent at the point of collection, and
  • Offer an opt-out (like an unsubscribe link or contact method).

Summary:

Type of EmailGDPR Opt-Out Required?
Transactional or service-related only❌ No
Marketing or promotional✅ Yes

Disclaimer

This article is for educational purposes and to give you a better understanding of GDPR law. It does not aim to provide specific legal advice. By using this site, you acknowledge that no solicitor-client relationship exists between you and AI6. We strongly recommend that you seek independent legal advice to address the specific needs of your business.

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