For Brazilian merchants, as in Europe, an important decision will be whether to rely on consent or legitimate interest as the legal basis for marketing communications. Guy is a strong advocate of the intelligent use of customer data to control reactive email programs. When shippers cannot demonstrate a legitimate interest, consent is required as a legal basis. DMA research shows that 4 out of 10 programs now purchase email addresses in stores, often when customers are asked if they want an email receipt. These are useful because they allow a website to recognize users’ devices and their previous browsing behavior, but this means that the processing of personal data is often involved. In Europe, legitimate interests have been given preference as far as possible, as the impact on list migration has been reduced. The combination of stronger consent, clearer expectations and greater choice means that consumer confidence in brands has increased.