Biliate

Staying on the Right Side of the EU GDPR Law: Answering Questions for Best Practices in Email Marketing

Featured Image of the Article - Staying on the right side of the EU GDPR law

Are you using email to market your business? It’s a cost-effective and efficient way to reach and engage with your audience, but it’s important to make sure your practices comply with the EU General Data Protection Regulation (GDPR).

Non-compliance can result in hefty fines and damage to your company’s reputation.

However, it’s important to make sure that your email marketing practices comply with the EU General Data Protection Regulation (GDPR), which went into effect in May 2018. Failing to comply with GDPR can result in significant fines and damage to your business’s reputation.

In this article, we’ll cover the most frequently asked questions about staying on the right side of GDPR when it comes to email marketing. By the end, you’ll have a solid understanding of what you need to do to ensure that your email marketing is GDPR-compliant.

What is GDPR and how does it apply to email marketing?

This is a comprehensive data protection law that applies to all businesses that process the personal data of EU citizens, regardless of whether the business is based in the EU or not. The law aims to give individuals more control over their personal data and to harmonize data protection laws across the EU.

One of the key provisions of GDPR that applies to email marketing is the requirement to obtain explicit consent from individuals before sending them marketing emails. This means that you must ask for their affirmative agreement to receive marketing communications from you, and you must provide them with clear and specific information about the types of emails they will receive.

A survey by TrustArc found that 63% of organizations have increased their privacy and data protection budgets since GDPR came into effect.

How to obtain explicit consent from people to send them marketing emails?

Obtaining explicit consent from people to send them marketing emails is an essential part of GDPR compliance. Here are a few best practices for obtaining consent:

  • Make it easy for people to understand what they are agreeing to: Provide clear and specific information about the types of marketing emails that people will receive if they agree to receive them. Don’t use jargon or vague language.
  • Use opt-ins instead of opt-outs: Opt-ins, where people actively choose to receive marketing emails, are more likely to result in engaged and interested recipients than opt-outs, where people have to take action to stop receiving emails.
  • Don’t bury the consent request: Make sure that the consent request is prominent and easy to find. Don’t hide it in small print or nest it within other terms and conditions.
  • Keep records of consent: It’s important to keep records of when and how you obtained people’s consent to receive marketing emails. This can help you demonstrate GDPR compliance if necessary.

Abiding by these laws is very important if you are marketing in the EU. If you have a website, you need to show that you abide by this law in your privacy policy.

What are the best practices for respecting people’s right to opt-out of receiving marketing emails?

A bullet point list on "What are the best practices for respecting people's right to opt-out of receiving marketing emails?"

The General Data Protection Regulation (GDPR) gives individuals the right to control how their personal data is used and processed, including for marketing purposes. This means that individuals have the right to opt-out of receiving marketing emails at any time and it is the responsibility of the email marketer to respect and honor these opt-out requests.

Here are a few best practices for respecting people’s right to opt out:

  • Include an unsubscribe link in all of your marketing emails: Make sure that the unsubscribe link is prominent and easy to find.
  • Honor opt-out requests promptly: If someone opts out of receiving marketing emails from you, make sure to stop sending them marketing emails as soon as possible.
  • Respect people’s right to object to the processing of their personal data for marketing purposes: GDPR gives people the right to object to the processing of their personal data for marketing purposes at any time. Make sure to respect this right and stop processing their data for marketing purposes if they object.

Doing all this helps to ensure compliance with GDPR, maintain a good reputation, and improve the effectiveness of email marketing campaigns.

In fact, many email marketing platforms have built-in forms for opt-out requests that can help ensure compliance with GDPR.

Using these built-in forms can be beneficial for email marketers as it makes it easy to comply with GDPR requirements. It eliminates the need for manual opt-out management and ensures that opt-out requests are processed promptly and accurately.

Can I use purchased or rented email lists for email marketing under GDPR?

No, you cannot use purchased or rented email lists for email marketing under GDPR. GDPR requires that you only send marketing emails to people who have given explicit consent to receive them.

Using a purchased or rented email list would not meet this requirement, as the people on those lists have not given their consent to receive marketing emails from you.

A graphic with a list of "Consequences for using purchased or rented email lists for email marketing under GDPR?"

It can also lead to legal action and fines, reputation damage, loss of customer trust, loss of access to EU markets, administrative burdens, and Spamming.

Instead of using purchased or rented email lists, consider building your own email list through opt-ins and other legitimate means. This will help ensure that you are sending marketing emails only to people who have explicitly agreed to receive them, which will increase the chances that your emails will be well-received and not marked as spam.

What are the consequences of violating GDPR when it comes to email marketing?

A graphic text with bullet points on "What are the consequences of violating GDPR when it comes to email marketing?"

Violating GDPR can result in significant fines and other penalties. The maximum fine for a GDPR violation is €20 million (about $24 million) or 4% of a company’s annual global revenue, whichever is higher. In addition to monetary fines, GDPR violations can also result in damage to a company’s reputation and loss of customer trust.

The consequences can be like this:

  1. Financial penalties: Companies found in violation of GDPR can face fines of up to €20 million or 4% of their annual global revenue, whichever is higher.
  2. Reputation damage: Companies that violate GDPR can suffer significant damage to their reputation, as customers and the public may view them as untrustworthy or careless with personal data.
  3. Legal action: Companies may face legal action from individuals or organizations that were affected by a violation of GDPR.
  4. Loss of customer trust: Companies may lose the trust of their customers if they are found to have violated GDPR, leading to a loss of business and revenue.
  5. Administrative burdens: Companies may be required to invest significant resources into complying with GDPR regulations and dealing with any consequences of a violation, such as legal fees and fines.
  6. Loss of access to EU markets: Companies that violate GDPR may face restrictions or bans on accessing EU markets, which can have a significant impact on their operations and revenue.
  7. Suspension of email marketing activities: Companies that violate GDPR may face suspension of email marketing activities, which can have a significant impact on their business.

It is important to carefully review and comply with GDPR requirements when using email for marketing purposes. Failing to do so can not only result in costly fines and penalties, but it can also undermine the trust of your customers and damage your business’s reputation.

How can I ensure that I am complying with GDPR when it comes to email marketing?

As an email marketer, it is essential to ensure that you are complying with GDPR to avoid potential fines, legal action, and damage to your reputation. Compliance with GDPR involves understanding the rights of individuals and ensuring that you are obtaining and processing their personal data in a legal and transparent manner.

To ensure that you are complying with GDPR when it comes to email marketing, there are a few key steps you should take:

  • Obtain explicit consent from people before sending them marketing emails: Make sure to provide clear and specific information about the types of marketing emails they will receive, and obtain their affirmative consent.
  • Respect people’s right to opt-out of receiving marketing emails: Make sure to include an unsubscribe link in all of your marketing emails, and honor opt-out requests promptly.
  • Don’t use purchased or rented email lists: GDPR prohibits the use of purchased or rented email lists for marketing purposes. Instead, build your own email list through opt-ins and other legitimate means.
  • Keep records of consent: It’s important to keep records of when and how you obtained people’s consent to receive marketing emails. This can help you demonstrate GDPR compliance if necessary.
  • Review your email marketing practices regularly: GDPR is a dynamic and evolving area of law, so it’s important to stay up to date on the latest requirements and best practices. Consider conducting regular reviews of your email marketing practices to ensure that they remain GDPR-compliant.

Overall, complying with GDPR when it comes to email marketing can be a bit challenging, but it is definitely doable. As an email marketer, it is important to stay informed about the regulations and to take steps to ensure that you are obtaining and processing personal data in a legal and transparent manner.

This may involve updating your email marketing practices and policies, obtaining explicit consent from individuals and providing clear opt-out options.

Keeping your email marketing safe and compliant with GDPR will not only protect you from legal action and financial penalties but also help in building trust and better relationships with your customers.

What information do You need to include in your marketing emails to ensure GDPR compliance?

There are a few key pieces of information that you should include in your marketing emails to ensure GDPR compliance:

  • A clear and specific description of the types of marketing emails that people will receive if they agree to receive them: Make sure to provide enough detail so that people know exactly what they are signing up for.
  • An easy-to-find and prominently displayed unsubscribe link: Make sure that the unsubscribe link is easy for people to find and use.
  • Your contact information: GDPR requires that you provide your contact information in your marketing emails, including your name and the name of your business, as well as a valid email address and physical address.
  • A clear and concise subject line: Make sure that the subject line of your marketing emails accurately reflects the content of the email and does not mislead recipients.

Can you send marketing emails to people who have previously purchased from me or engaged with my business?

Under GDPR, you can rely on the “legitimate interests” provision to send marketing emails to people who have previously purchased from you or otherwise engaged with your business. However, you must still provide these individuals with an easy way to opt-out of receiving further marketing emails, and you must respect their right to object to the processing of their personal data for marketing purposes at any time.

It’s important to note that the legitimate interests provision is not a blanket exception that allows you to send marketing emails to anyone who has interacted with your business in the past. You must still have a good reason for sending the emails and you must balance your interests against the rights and interests of the individuals you are contacting.

How can I keep records of consent for email marketing under GDPR?

Under GDPR, it’s important to keep records of when and how you obtained people’s consent to receive marketing emails. This can help you demonstrate GDPR compliance if necessary.

There are a few key pieces of information that you should record for each individual who has given their consent to receive marketing emails:

  • The date and time that consent was given
  • The specific consent request that was made and the specific action taken by the individual (e.g., clicking on an opt-in button)
  • The specific types of marketing emails that the individual has agreed to receive

You should keep these records for as long as you are sending marketing emails to the individual, and for a reasonable period of time afterward in case you need to demonstrate GDPR compliance.

What should I do if I receive a complaint or request related to GDPR and email marketing?

If you receive a complaint or request related to GDPR and email marketing, it’s important to take it seriously and respond promptly. Depending on the nature of the complaint or request, you may need to take a number of steps, including:

  • Stopping the processing of the individual’s personal data for marketing purposes
  • Deleting the individual’s personal data from your marketing database
  • Providing the individual with a copy of their personal data that you have processed for marketing purposes
  • Correcting any errors in the personal data that you have processed for marketing purposes
  • It’s important to note that GDPR gives individuals the right to file a complaint with a supervisory authority if they believe that their rights have been violated. Therefore, it’s in your best interest to handle complaints and requests promptly and effectively in order to avoid escalating the situation.

Conclusion

In conclusion, GDPR has significantly impacted the way that businesses can use email for marketing purposes.

By following the best practices outlined in this article, you can ensure that your email marketing is GDPR-compliant and that you are respecting the privacy rights of your customers and prospects.

This not only helps you avoid costly fines and penalties, but it also helps to build trust with your audience and establish your business as a responsible and respectful steward of personal data. By taking the time to understand and adhere to GDPR requirements, you can ensure that your email marketing is both effective and compliant.

Writing this article has made me pour all about GDPR into question, and created an entire pillar post that will allow me to go in more depth about these questions, in upcoming articles.

Thanks for reading this article.

You might also love reading our two latest articles on Email Marketing:

If you’re starting out as a beginner, you can check out of my freebie product on Email Marketing Vocabulary.

4 thoughts on “Staying on the Right Side of the EU GDPR Law: Answering Questions for Best Practices in Email Marketing”

Leave a Comment

Your email address will not be published. Required fields are marked *