Whether your business uses a third-party email service provider or handles your own data, GDPR compliance is still crucial. Fines for non-compliance can be billions of dollars.
GDPR requires that businesses obtain consent of individuals prior to sending them marketing emails. To be compliant, you must be transparent and keep records of valid consent.
1. Collecting Consent
In order to send marketing emails, companies must have the consent of individuals to do so. This can be either implicit or explicit consent, depending on the laws and regulations in place. Implicit consent can occur when a customer provides their email address or other contact information to a company in exchange for a product or service. For example, a customer might provide their email address when they make an online purchase or sign up for a newsletter. In this case, the individual is likely to expect to receive future marketing communications from the company.
Explicit consent occurs when an individual actively and clearly indicates they want to receive marketing communications from your business. This could include checking a box on a form or responding to a confirmation email. It is important to make it clear what type of consent you are asking for, and to obtain it in a way that is compliant with GDPR.
It is also important to have a clear and easy-to-use opt-out mechanism. This should be clearly visible in all marketing communications and easily accessible. If a person chooses to opt-out, the company should promptly remove them from their email list. This is a requirement for both GDPR and other data protection laws, including the CAN-SPAM Act in the US and the CCPA in Canada.
Aside from ensuring that your marketing communications are GDPR-compliant, it is essential to prioritize the privacy of your customers and contacts. This is especially true for any emails that contain personal data. GDPR requires that businesses process personal data lawfully, fairly, and transparently. This includes not using personal data for purposes other than those it was collected for and providing individuals with certain rights over their own personal data.
Mailchimp makes it easy to collect GDPR-compliant consent with our new Consent field. This field uses checkboxes to let your contacts choose which types of marketing communications they want to receive from you, and it has space for you to include any additional information you would like to include. You can add this field to any of your forms, landing pages, or webinar registration pages. You can even require double opt-in to ensure that you are obtaining active and valid consent from your contacts.
2. Keeping Records
Keeping meticulous records is crucial for proving GDPR compliance in the case of an audit, this is easier with Emails Nest. You’ll want to make sure that you can show the authority exactly how you collected and processed data as well as when and for what purpose customers gave their consent. You must also be able to easily withdraw consent and provide the customer with the right to be forgotten at any time.
Using clear and concise language in terms of how you collect and use personal data is another important aspect of GDPR email compliance. For example, it is no longer acceptable to rely on pre-ticked boxes and implied consent to send marketing emails. Consent must be freely given, specific, informed, and unambiguous, which means that the customer should actively tick a box or click a button to agree to your terms.
It is essential to remember that GDPR is not the only regulation that governs email marketing. There are many other regulations, including CAN-SPAM, CASL, and CPRA (California Privacy Rights Act), that need to be taken into account as well.
For example, CAN-SPAM sets rules for commercial email and gives individuals the right to have you stop sending them marketing messages. CASL and CPRA provide additional protections for personal information and enhance California’s existing consumer privacy laws. GDPR covers the essentials of these other laws, but there are some differences.
It is crucial that you keep a close eye on the evolving landscape and any changes to the GDPR regulations that might affect your email marketing. This is particularly true for businesses that offer services to EU citizens, or that use personal data collected from them, whether they are based in the EU or not. In such cases, all companies that process data relating to EU-based individuals must follow the GDPR guidelines. This includes not only email lists, but also any other data you might collect about your subscribers, such as behavioral data, IP addresses, biometric information, political beliefs, and health life, to name just a few examples. MailerLite makes it easy to comply with the GDPR by providing subscribers with a way to download their own personal data in the event of a request for portability.
3. Keeping Data Secure
One of the most important things that email marketers can do is keep data secure. This helps to build trust with customers and shows that the company is serious about protecting customer information. In addition, it also helps to ensure that emails don’t end up in spam folders and that customers get the marketing content they want.
The GDPR requires companies to use strict data security measures when collecting and using personal information. This includes keeping records of how the information is used and storing it in a way that prevents unauthorized access or disclosure. In addition, the GDPR requires that companies protect customer data from loss or theft, and ensure that a data breach occurs is reported and investigated quickly.
Keeping data secure is especially important for companies that have a large number of email addresses. This is because it can be easier for hackers to gain access to a larger number of email addresses. It is therefore important for businesses to use a secure email marketing platform that can help protect their data from unauthorized access or loss.
The GDPR also requires that companies provide an easy way for customers to unsubscribe from email marketing communications. This is to give people more control over the way their personal information is used. This can be done by providing a clear unsubscribe link in every email, which should always be clearly visible and easy to find. In addition, it is important to allow customers to withdraw their consent at any time, and to make sure that their request is processed quickly.
In addition to the GDPR, it is also important for companies to have a good understanding of data privacy laws in their local jurisdictions. For example, the California Consumer Privacy Act (CCPA) is a state law that was modeled after the GDPR and provides similar protections for consumers. In addition, the CCPA includes penalties for violations that are based on a company’s revenue.
Overall, GDPR is a set of rules that should be taken seriously by all businesses, especially those that are engaged in email marketing. Following these guidelines can help to protect companies from fines and ensure that they are providing their customers with a high level of service.
4. Notifying Customers
The GDPR was developed to modernize the current EU data protection laws by increasing transparency between businesses and their customers, providing the ability to control the information that is being collected. It is a requirement for any company that processes personal data of individuals located in the EU to adhere to these rules. That includes companies with only a small number of customers in the EU if they collect their email addresses or other sensitive data, such as racial or ethnic origin, political beliefs, religion, health or financial information.
The new regulations require businesses to notify their customers about how their data will be used, and obtain consent before storing or using it for any purpose. The law also stipulates that companies must clearly explain how the customer can request to have their data deleted and what other rights they have as a data subject.
One of the most important things to keep in mind when it comes to GDPR and email marketing is that subscribers must actively affirmatively opt-in to receive your emails, rather than relying on pre-ticked boxes or default options. Similarly, subscribers must give informed consent that is specific to email marketing, rather than allowing it to be bundled up with terms and conditions or privacy policies that they may not fully understand.
Another key component of GDPR is the right to be forgotten, which gives subscribers the right to have their data erased at any time. It is crucial that all subscribers have the ability to easily and promptly unsubscribe from your mailing lists, and that you keep detailed records of all unsubscribes to prove compliance in case you are audited by the authorities.
In addition to complying with the GDPR when it comes to your email marketing, it is vital that you are aware of how your ESP (email service provider) handles customer data and have a Data Processing Agreement in place to ensure your ESP complies with GDPR requirements. This will help protect you against expensive fines and other legal penalties if you are found to be non-compliant.