If you can't show it, you don't have it.

GDPR Article 7(1): a controller relying on consent must be able to demonstrate the person consented. The record a marketing team needs per subscriber.

European Union GDPR GDPR Article 7(1)

The rule.

Regulation (EU) 2016/679 (General Data Protection Regulation) · GDPR Article 7(1)

“the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data”

Verbatim extract, read on 4 November 2026 from the source below. Everything else on this page is NorthPoint’s plain-English reading.

What it requires.

  • The burden of proof sits with the controller: for each person, you can show that they consented.
  • In practice: who, when, where (the form and its version), what they were told and what they ticked.

Who it applies to.

Controllers relying on consent.

Common violations in marketing copy.

Violation pattern · imported list

A purchased or migrated list with no source or timestamp

Nothing demonstrates the consent of the people on it.

Violation pattern · form changed, record not

Consent text edited with no record of which version each subscriber saw

You cannot show what the person agreed to.

Non-compliant vs compliant.

Non-compliant · example written by NorthPoint

“They're on the list, so they must have signed up.”

Compliant · example written by NorthPoint

“Consent record: email, timestamp, form URL, form version 3, consent text shown, IP — kept for as long as we email them.”

Related rules.

Source.

InstrumentRegulation (EU) 2016/679 (General Data Protection Regulation)
ProvisionGDPR Article 7(1)
Primary sourcehttps://www.legislation.gov.uk/eur/2016/679/article/7/adopted
Official texthttps://eur-lex.europa.eu/eli/reg/2016/679/oj/eng
Read fromlegislation.gov.uk's as-adopted copy of the Official Journal text (/eur/2016/679/article/N/adopted)
Checked

This page is general, sourced information for marketing teams, not legal advice. The examples are written by NorthPoint to illustrate the rule; for a binding view on your own promotion, retain qualified counsel in the jurisdiction concerned.

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