
Exchanging business cards is a common practice in the professional world, but does it mean the recipient has opted into receiving marketing communications? The answer is nuanced. While giving someone your business card indicates consent for the recipient to stay in touch, it does not necessarily constitute a blanket opt-in for marketing emails. In fact, adding someone's email to your marketing list without their explicit consent is unethical and may violate data privacy laws such as the General Data Protection Regulation (GDPR). To avoid this, send an introductory email with a clear opt-out option and specify what marketing content you intend to send. This ensures compliance and respects the recipient's preferences.
| Characteristics | Values |
|---|---|
| Business card exchange as opt-in | Exchanging business cards can be considered as opting in to receiving communication from the recipient, but not necessarily marketing communication |
| Business card exchange and spam | Exchanging business cards can lead to an increased risk of receiving spam or "gray mail" |
| Business card exchange and consent | A business card exchange indicates the giver's consent for the recipient to stay in touch, but this does not extend to marketing communication without further explicit consent |
| Business card exchange etiquette | It is considered polite to ask for permission before offering a business card, and to take a moment to read the information on the card before putting it away |
| Business card exchange and data storage | It is important to have a clear, coordinated approach to storing and sharing business card information, such as using a dedicated system or a CRM |
| Business card exchange and international etiquette | In some cultures, such as Japan, it is considered rude to write on a business card |
| Opt-in and spam filtering | "Gray mail" refers to marketing or bulk mail that may or may not be wanted by the recipient, and can be filtered as spam by email providers |
| Opt-in and double opt-in | Double opt-in refers to when a user takes an explicit action to opt into receiving communications, such as checking a box and then confirming via email |
| Opt-in and the CAN-SPAM Act | The CAN-SPAM Act outlines requirements for commercial emails, including the need for a clear and conspicuous explanation of how recipients can opt out of future marketing emails |
| Opt-in and the General Data Protection Regulation (GDPR) | The GDPR, which came into effect in May 2018, requires companies to account for the data they hold, including where they got it, why they have it, and how they use it |
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What You'll Learn

Business cards indicate consent to be contacted
Exchanging business cards is a common practice in the business world and often indicates consent for future communication. However, it is important to note that this consent may vary depending on the context and applicable laws, such as the European Union's General Data Protection Regulation (GDPR) or Canada's Anti-Spam Legislation (CASL).
When someone gives you their business card, it generally indicates their consent for you to have their contact information. This is especially true if the cards are exchanged during a real-life meeting, as it represents a business relationship and an expectation to stay in touch. This consent is further reinforced if the card is offered willingly, such as when a person reaches into their pocket and physically places their card in a fishbowl.
However, it is important to understand the limitations of this consent. While you may have permission to contact the person, it does not automatically extend to adding them to your marketing mailing list. For example, under the GDPR, you must obtain separate consent for sending direct marketing materials. This is also true for CASL, which requires proof of consent and allows for implied consent in specific non-business relationship scenarios.
To ensure compliance, it is recommended to send an introductory email with a clear opt-out option and explain what marketing content you intend to send. This approach respects the recipient's privacy and provides them with control over the type of communication they receive. Additionally, it is essential to have a clear process for digitizing and sharing business card information within your organization to maintain data accuracy and compliance with data protection regulations.
In summary, exchanging business cards does indicate consent to be contacted, but this consent has boundaries. It is essential to respect the privacy of the card giver and obtain separate consent for marketing purposes. By following these guidelines, you can effectively utilize business cards while maintaining compliance with relevant data protection regulations.
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Business card exchange does not constitute opt-in for marketing emails
Exchanging business cards is a common practice in the business world and is often seen as a way to stay in touch with clients, customers, and partners. However, it is important to note that a business card exchange does not constitute an opt-in for marketing emails.
The practice of exchanging business cards is a long-standing tradition in many cultures, including the United States and Japan. In the US, it is common to ask for permission before offering your card, such as by saying, "May I offer you my card?". It is also considered respectful to wait for a higher-ranking person to initiate the exchange. On the other hand, in Japan, it is considered an insult to ask before exchanging cards.
While business cards are a useful tool for making connections, they do not give consent for marketing emails. According to the General Data Protection Regulation (GDPR), simply having someone's business card does not give you the right to add them to your marketing mailing list. Instead, it is recommended to send an introductory email with a clear opt-out option and information about the marketing emails you intend to send. This ensures that you are compliant with data privacy laws and gives the recipient control over their data.
Additionally, when sending marketing emails, it is important to comply with regulations such as the CAN-SPAM Act. This includes providing clear and conspicuous information about how recipients can opt out of receiving future marketing emails. It is also crucial to include the sender's physical postal address and ensure that the email does not contain deceptive transmission information or subject headings.
In conclusion, while business card exchanges are a valuable part of professional networking, they do not constitute an opt-in for marketing emails. It is essential to respect the privacy and preferences of individuals and provide them with the option to choose the type of communication they receive.
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Grey mail is opt-in but can be unethical
Grey mail is a term used to refer to email messages that are not considered spam but are also not highly relevant to the recipient. Grey mail is often a result of previous opt-ins to subscriptions, promotions, or newsletters. It resides in a grey area between legitimate communication and spam, as it is solicited and comes from a legitimate source, but may not be of interest to the recipient. Grey mail can affect a website's authority and trustworthiness in the context of SEO.
While grey mail is technically opt-in, it can be unethical in the way it is obtained and used. For example, a company executive who attends conferences and hands out business cards risks having their email address harvested and added to grey mailing lists. This is a form of bait-and-switch, where the executive believes they are simply networking but ends up on mailing lists without their explicit consent.
Additionally, some companies use confusing wording or psychological tricks to get users to opt in to their mailing lists. For instance, they may use double negatives or have checkboxes pre-selected, leading users to accidentally opt in when they didn't intend to. While this may not be considered spam, it certainly raises ethical concerns about the consent and transparency involved in the process.
To avoid the pitfalls of grey mail, companies should focus on obtaining clear and informed consent from recipients. This can be done by using dedicated systems or CRMs to collect and manage business card information and communication preferences. Additionally, providing a clear and easy opt-out option in all marketing emails is crucial, as per the CAN-SPAM Act. By respecting users' choices and preferences, companies can ensure they are acting ethically and maintaining a positive relationship with their audience.
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Double opt-in is a more transparent way to gain consent
Exchanging business cards can be seen as a form of opt-in, as the cards represent a real-world connection and the giver's consent for the recipient to stay in touch. However, this does not extend to adding the contact to a marketing mailing list without asking. Instead, it is advisable to send an introductory email with a clear opt-out option, informing the recipient of any marketing emails you intend to send.
The double opt-in method provides unambiguous evidence of user consent, which can be valuable in demonstrating compliance with data privacy laws and regulations, such as the GDPR. It helps to fulfil the requirement that consent must be specific, informed, and freely given. Additionally, it aids in building an audit trail, providing proof of valid consent in the event of an inquiry.
Furthermore, double opt-in helps to prevent misunderstandings, potential misuse of user data, and harassment registration. It ensures that users have expressly indicated their interest in receiving emails by signing up on a company's website and then confirming that interest by clicking the confirmation link in the email. This additional verification step provides legal security for marketers and business owners, reducing the risk of non-compliance.
While double opt-in may face challenges such as drop-off rates and limited incentives, it is still considered a best practice and is recommended by data protection authorities in several countries, including Germany, Austria, and Norway.
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The CAN-SPAM Act outlines requirements for commercial emails
Exchanging business cards can be considered implied consent for the recipient to reach out. However, it does not grant consent for the entire business to contact the individual. It is also important to note that business cards do not constitute consent to be added to a marketing mailing list. Instead, an introductory email should be sent with a clear and conspicuous opt-out option, along with information on the types of marketing emails to be sent.
To comply with the CAN-SPAM Act, emails must include accurate identifying information in the header, such as the domain name and email address. The subject line should not mislead the recipient about the contents of the email and must clearly indicate if the email is an advertisement. Additionally, a valid physical postal address is required, and the email must include a functioning return email address or another internet-based mechanism that allows the recipient to opt out of future commercial emails.
The CAN-SPAM Act also addresses the issue of unwanted mobile service commercial messages sent to wireless devices like cell phones. Marketers who violate the Act may face severe penalties, with each separate email in violation subject to fines of up to $53,088.
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Frequently asked questions
Exchanging business cards is considered a form of opt-in, but it is a grey area. It indicates consent for the recipient to stay in touch, but it is best to send an introductory email with a clear opt-out option and details of the types of marketing emails you plan to send.
There is a risk that your email address will be harvested and added to grey mailing lists, which are a form of spam. Grey mail is marketing or bulk mail that may or may not be wanted by the recipient.
It is polite to ask first, for example, "May I offer you my card?". Present your card face-up so that the recipient can read it at a glance. Take a few seconds to read their card and make a brief comment to show interest.
Opt-in refers to a user actively choosing to receive communications or marketing emails. Opt-out refers to a user actively choosing to no longer receive these communications.

























