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Email marketing has long been a star in the marketer’s toolkit.
It’s personal, direct, and highly effective—when done right.
However, with the advent of the European Union’s General Data Protection Regulation (GDPR), email marketing has changed drastically.
If you’re asking, “How will email marketing be affected by the EU GDPR?”, this blog aims to solve the GDPR email compliance checklist and how it impacts email marketing campaigns.
The GDPR, which came into effect on May 25, 2018, is a data protection law designed to protect personal data and ensure privacy for individuals within the EU.
This regulation affects all businesses that process the personal data of EU citizens, regardless of where the company is located.
So, whether you’re a small business in the US or a large corporation in Asia, if you handle EU personal data, GDPR compliance is non-negotiable.
Since the General Data Protection Regulation (GDPR) came into force in May 2018, multiple fines have been imposed for various violations.
By May 2023, the majority of these penalties stemmed from companies failing to adhere to general data processing principles.
This specific violation has resulted in fines exceeding €1.67 billion.
Source: Statista
Source: Google
Under GDPR, explicit consent is required before sending marketing emails.
This means that pre-ticked boxes and soft opt-ins are no longer valid.
Only collect data that is necessary for your marketing purposes.
Clearly inform subscribers about how their data will be used.
Subscribers have the right to access their data and request its deletion at any time.
Pro Tip: Read our guide on GDPR Rules for Cold Emailing
Perform a thorough audit of your current data collection and storage practices.
Identify where and how personal data is collected, stored, and used.
This will help you pinpoint any areas that need improvement to meet GDPR standards.
Your privacy policy should be clearly outline how you collect, use, store, and protect personal data.
Make sure it includes information about subscribers’ rights under GDPR.
Ensure that your email sign-up forms include clear and explicit consent mechanisms.
Make it easy for subscribers to opt out of your emails at any time.
Include an unsubscribe link in every email and ensure it is prominent and easy to use.
Regularly audit your email list to remove inactive subscribers. This not only helps with GDPR compliance but also improves your email engagement rates.
One of the most important impacts of GDPR is on how email lists are built and managed.
Under GDPR, you can’t simply add people to your email list without their explicit consent.
This means:
Double Opt-In
Implementing a double opt-in process to ensure that the person subscribing is genuinely interested.
Clear Opt-Out Options
Providing clear and easy ways for subscribers to opt out at any time.
GDPR requires transparency in how data is used, which means that your email content must also reflect this. Your emails should:
Include a Privacy Notice
Inform recipients how their data will be used and protected.
Offer Data Access
Allow subscribers to view and manage their data preferences.
The impact of GDPR varies between B2B and B2C contexts.
In B2B email marketing, there is some leeway, as business contact information can be used under the “legitimate interest” clause.
However, B2C email marketing requires explicit consent from individuals.
Marketing and Email platforms must also be GDPR-compliant.
This means ensuring that automated emails are only sent to subscribers who have given explicit consent.
It also involves regular audits of your email lists to remove inactive or unsubscribed users.
“By entering your email, you agree to receive our newsletter. You can unsubscribe at any time.”
“We will use your email to send you updates about our products and services. Your data will be protected in accordance with our privacy policy.”
A small e-commerce business implemented GDPR by overhauling its email sign-up process.
They added a double opt-in mechanism and provided detailed information about how subscriber data would be used.
The result was a smaller but more engaged email list and an impressive reduction in spam complaints.
A B2B software company focused on GDPR compliance by updating its privacy policy and providing clear opt-out options in all marketing emails.
They also trained their sales and marketing teams on GDPR best practices.
This led to improved customer trust and higher engagement rates.
On Reddit, discussions about the impact of the EU GDPR on email marketing often highlight several key changes.
GDPR compliance – how far do you go?
byu/not-halsey inwebdev
These regulations have made it hard for some businesses to audit their email lists.
Site willingfully denies GDPR rights because “we comply only if a court tells us to”
by inprivacy
While GDPR presents challenges, it also offers opportunities for email marketers to build trust and foster better relationships with their subscribers.
By prioritizing transparency and consent, businesses can create more meaningful and engaging email campaigns.
The GDPR is an evolving regulation, with updates and changes expected.
Staying informed about these updates and improving your data practices will be mandatory for ongoing compliance and successful email marketing.
The GDPR has changed the future of email marketing, emphasizing the need for transparency, consent, and data protection.
By understanding the requirements and implementing best practices, businesses can not only comply with the regulation but also build stronger, more trustworthy relationships with their subscribers.
As we look to the future, staying informed and proactive will be key to adopting the next-gen privacy and email marketing.
How has GDPR affected marketing outside Europe?
GDPR has had a global impact on marketing practices, requiring businesses outside Europe to comply if they handle EU citizens’ data.
This has led to stricter data protection measures and increased transparency worldwide, influencing marketing strategies and customer data management across the globe.
What are the consequences of GDPR in Europe and the UK?
Non-compliance can result in significant fines, legal consequences, and reputational damage for companies.
What are the GDPR rules for sending emails outside the EU audience?
You don’t need to incorporate GDPR compliance if your target audience is not in Europe.
What has GDPR resulted in for the government and public institutes?
GDPR has mandated that government and public institutions enhance their data protection measures, ensuring greater accountability and transparency.
These entities now face stricter regulations on how they collect, store, and use personal data, with substantial fines for non-compliance.
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