Mass emails and GDPR?

[timeforhelp1]

https://www.uniconsent.com/blog/small-b ... ed-by-gdpr

Two-person small business is fined €7,300
The CNIL requires that companies collect the consent before sending prospecting emails and to be able to prove the consent.

Ok, while not 100% sure what the heck the fine was for, the sending of emails is in the mix.

Thoughts?

[Crizzo]

Hi,

every user has a ucp switch where he can check, if the administrator is allowed to send him mails or not.

I would see this as a consent.

[HaioPaio]

I think there will be a problem if the default selection was "Yes".
That user has never actively expressed his consent in such case. The default should be "No".
Then the user must actively activate it.
Unfortunately there is no log of such actions and it will be difficult to prove the active consent in case of a legal dispute. However, I think this is not likely for non commercial forums.

[AmigoJack]

every user has a ucp switch where he can check, if the administrator is allowed to send him mails or not.

That's a choice, not a consent.

By your understanding you'd be happy with e-mails being sent to you as long as the website has the mere availability to switch something on/off, no matter how deep it is buried and no matter if it's opt-in or opt-out. A consent never exists by default.