Permission is the foundation of every lawful mailing list in Antigua and Barbuda. Section 5 of the Data Protection Act, 2013 says a business may not process personal data unless the person has consented, apart from narrow exceptions such as performing a contract. A marketing newsletter is not needed to perform a contract, so in practice you need a clear “yes” before you add someone to a promotional list.
What follows is general information, not legal advice.
Where Antiguan businesses usually collect addresses
Consent looks different depending on where you meet the customer. Typical collection points on the two islands include:
- Hotel and villa bookings: the address is needed to confirm the stay, which is a contract. Adding the guest to a promotional newsletter is a separate purpose and needs its own opt-in box.
- Front desk and dockside: a tablet sign-up at a resort reception, a marina office in Falmouth Harbour or a dive shop in Jolly Harbour.
- Websites and social media: embedded subscription forms on your site or linked from Instagram.
- Events: entry forms for Antigua Sailing Week parties, Carnival fetes or a cricket hospitality box.
- Professional services: client onboarding at a bank, CIP agent or law firm, where marketing consent should be separate from compliance paperwork.
What valid consent looks like
- Specific: say what you will send, for example “monthly offers and event news from our St. John’s restaurant”.
- Active: the person ticks an empty box or types their address themselves. Pre-ticked boxes and “by booking you agree to our newsletter” wording are weak evidence.
- Informed: section 6 of the Act requires you to explain the purpose, the kinds of third parties who may receive the data, and how to contact you to access or correct it. A two-line notice next to the form, linking to your privacy policy, covers this.
- Recorded: keep the date, source and wording of what the person agreed to.
- Revocable: every email carries an unsubscribe link, and you act on it quickly.
Double opt-in: proof you can show
With double opt-in, a new subscriber receives a confirmation email and joins your list only after clicking the link. It removes mistyped addresses, a common problem when guests write their email on a paper card, and it gives you a timestamped record. The FAQ on the difference between opt-in and double opt-in covers the trade-offs.
When a guest’s home law is stricter
A resort in Dickenson Bay may have more subscribers in New York, Toronto and London than in Antigua. Canada’s CASL and Europe’s GDPR both demand consent and records of it, and UK residents are protected by UK GDPR and the UK’s electronic marketing rules. US law (CAN-SPAM) works on an opt-out model, but a consent-based list still meets it. Collecting permission to the highest standard is simpler than running different rules for each market. Mailpro’s FAQ on GDPR for companies outside Europe explains when EU rules reach a non-EU business.
Keep permission alive
- Send a welcome email soon after sign-up so people remember who you are. Mailpro can do this with an automated welcome email.
- Mail at the frequency you promised. A guest who agreed to a seasonal update will not welcome weekly promotions.
- Remove unsubscribes automatically. Mailpro’s unsubscriber management keeps them off future sends.
- Re-confirm older contacts before a big campaign such as your pre-Christmas season launch.
Consent and your email platform
The Act makes you responsible for the security of the data your processors hold (section 8). Mailpro stores lists on private infrastructure in Switzerland, outside US jurisdiction, and never sells or rents them. For the wider legal picture, read the guide to email marketing law in Antigua and Barbuda.