The short answer: yes — but it’s not ideal.

Verbal (oral) consent can be valid for email marketing under UK data protection law.

However, while it is legally acceptable in certain situations, it carries more risk than written or digital consent. For most businesses, it should be used with caution.

What Counts as Valid Consent?

Under UK GDPR and PECR rules, consent must be:

• Freely given
• Specific
• Informed
• Unambiguous
• Given through a clear affirmative action

This applies to all email marketing consent methods, whether written, digital, or verbal.

Accepted Methods of Consent

According to the Information Commissioner’s Office (ICO), valid consent can be obtained in several ways:

• Signing a paper form
• Ticking a box (paper or online)
• Completing an online opt-in form
• Selecting preferences in account settings
• Responding positively to an email request
• Providing optional data for a clear purpose
• Giving a clear verbal “yes” to a consent request

So yes — verbal consent is included.

The Problem with Verbal Consent

While valid in principle, verbal consent creates a practical issue: It’s harder to prove.

Unlike written or digital consent, there is:

• No automatic record
• No audit trail
• Greater risk of dispute

If a complaint is made, the burden of proof sits with you.

That’s why relying solely on verbal consent can weaken your email marketing compliance position.

What You Must Record

If you do collect verbal consent, documentation becomes essential.

You should record:

• Date and time of consent
• Method (phone, face-to-face, etc.)
• What was said (as accurately as possible)
• Who obtained the consent
• Identity of the individual

Keeping detailed records supports your email marketing strategy and protects your business if consent is challenged.

Best Practices: Confirm Consent in Writing

To reduce risk, always follow up verbal consent with written confirmation.

A simple confirmation (or welcome) email should include:

• A reminder of when and how consent was given
• What the subscriber agreed to receive
• A clear option to opt out

For example:

“Thank you for agreeing to receive email marketing from us during our call on [date]. You can unsubscribe at any time.”

This creates a verifiable record and strengthens your compliance.

Why Written Consent is the Best?

For the most effective email marketing campaigns, written or digital consent is the better option.

It provides:

• Clear evidence
• Easy storage and retrieval
• Stronger legal protection
• Better integration with email platforms

Verbal consent may be convenient — but it should not be your primary method.

The Bottom Line

Verbal consent is legally valid, but operationally weaker.

For a compliant and scalable email marketing strategy:

• Use written or digital opt-ins wherever possible
• Record all consent carefully
• Always confirm verbal consent in writing

Because in email marketing, it’s not just about getting consent — it’s about proving you have it.