The policy requires that users obtain explicit opt-in consent from all contacts before sending campaigns, and prohibits the use of purchased, rented, or third-party lists. Accounts found using such lists are subject to suspension.
This analysis describes what Mailchimp's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a mandatory prior-consent standard as a condition of platform use. Under this clause, account suspension is a stated consequence for list sourcing practices that fall outside permitted methods, directly affecting campaign delivery capability.
The agreement requires account holders to maintain documented opt-in consent for every contact on their mailing lists. Use of purchased, rented, or third-party lists is stated as a suspension trigger under this provision.
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"You must have prior permission from your contacts. This means you can only send campaigns to recipients who have explicitly opted in to receive messages from you. If you use purchased, rented, or third-party lists, we will suspend your account.— Excerpt from Mailchimp's Mailchimp Acceptable Use Policy
1. REGULATORY LANDSCAPE: This provision engages the U.S. CAN-SPAM Act (which permits opt-out rather than opt-in for commercial email), Canada's CASL (which requires express consent in most circumstances), and GDPR Article 6 and Article 7 (which require a lawful basis for processing and specific consent standards for email marketing). The policy's opt-in requirement is more restrictive than CAN-SPAM's baseline standard; organizations subject only to U.S. law should note that the contractual obligation here exceeds the statutory minimum. 2. GOVERNANCE EXPOSURE: Medium. The prohibition on purchased and third-party lists is operationally enforceable by Mailchimp through account review, and suspension is a stated consequence. Organizations that have historically supplemented lists through data acquisition programs should assess whether current practices satisfy this requirement. Enforcement is at Mailchimp's discretion, and the policy does not specify a cure period before suspension. 3. JURISDICTION FLAGS: EU and EEA users face heightened exposure because this provision aligns with but does not fully substitute for GDPR consent documentation requirements. Canadian users must satisfy CASL express consent standards in addition to this policy's opt-in requirement. U.S. users should be aware that this policy's opt-in standard is stricter than CAN-SPAM's opt-out framework. 4. CONTRACT AND VENDOR IMPLICATIONS: Organizations using Mailchimp as part of a marketing technology stack should ensure that upstream data sources and CRM integrations only pass contacts who have provided compliant opt-in consent. Third-party data providers or lead generation vendors supplying contacts to Mailchimp lists may require contractual representations about consent validity. This clause effectively shifts compliance liability for list quality to the account holder. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should audit consent collection mechanisms to verify they generate documented, timestamped opt-in records. Any list segments sourced from co-registration, data purchase, or third-party lead programs should be reviewed against this provision. Organizations should also assess whether consent language used at the point of collection is specific enough to satisfy both this policy and applicable statutory requirements in relevant jurisdictions.
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This provision establishes a mandatory prior-consent standard as a condition of platform use. Under this clause, account suspension is a stated consequence for list sourcing practices that fall outside permitted methods, directly affecting campaign delivery capability.
The agreement requires account holders to maintain documented opt-in consent for every contact on their mailing lists. Use of purchased, rented, or third-party lists is stated as a suspension trigger under this provision.
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