Companies find it more difficult to run email marketing campaigns because they must comply with data protection regulations. This guide will help you comply with the GDPR standards, and still run effective email marketing campaigns.
Online data protection also includes the management of e mail marketing campaigns. The GDPR mandates that companies obtain consent from data subjects before actually contacting them via email. This is called the opt-in procedure. Before you contact anyone via email, ensure that they have given their consent.
The GDPR also requires companies to show how consent was obtained. Users who have withheld consent can request to have their personal data deleted. Therefore, companies must comply with the GDPR and, upon request, order the deletion of user information.
Pro tip: It’s not enough to simply put a checkmark that doesn’t point anywhere. It is important to track when people consent to you (ie when they click that checkmark).
What is the GDPR?
GDPR, i.e. The legislation on personal data protection, which was adopted at the European Union level, unites the laws of all 27 members. The Regulation is applicable uniformly across all Member States. It applies to all businesses that collect, store, or process data from EU residents regardless of their location or operation.
Since its inception, approximately 2 years ago GDPR has been a problem in practice. Many people still have questions about how to implement GDPR in their businesses.
What are the penalties for not complying with the GDPR
If you don’t comply with GDPR, there are severe penalties. The Regulation states that if you break data privacy regulations, you could face fines up to 20,000,000 euros or 4% on your company’s total turnover. EU data protection authorities have not yet applied the maximum penalties in GDPR cases.
You should now be asking yourself how to ensure that your email marketing campaigns don’t violate the GDPR.
What is email marketing?
E-mail marketing allows companies to stay in touch with their customers by either subscribing to the newsletter or any other type e-mail communication (such as invitations to contests, codes discounts, etc.). even if many websites do not need this technique, such as the سكس site, many others desperately need this email marketing. To be able send marketing emails to customers it is necessary that they have given their consent to receive information about your company’s products and services. E-mail marketing, which is also known as cold calling, is another form of direct marketing.
Many companies have been asking themselves whether email marketing can be continued after the GDPR’s entry into effect. If so, how do they comply with the GDPR. The rules for email marketing were established by the Belgian Data Protection Authority (GBA – AD) at the start of 2020. Direct marketing is:
- Any communication, unsolicited or solicited
- With the goal of promoting services or products, brands, ideas, or other information
- In a commercial or not-commercial context
- Directly to one or more people
- This includes the processing of personal information.
The Belgian Authority also stressed that direct marketing rules do not apply only to for-profit and commercial businesses, but to all non-profit organizations, foundations and associations as well.
GBA-APD recommends that direct marketing data processing must be based on a legal basis that can’t be altered during processing. It is essential to have at least one legal base that is valid throughout processing. The processing must stop if the legal basis ceases to be valid.
GDPR allows data processing to be done in direct marketing contexts if there is a legitimate interest. GBA-APD clarified the meaning of “legitimate interests” and stated that these criteria must be met in order for an interest to be considered legitimate.
It must be justifiable to pursue the interest.
Processing must be required to achieve that interest
The data subject must have equal rights to the processor’s interest and freedom.
What’s the relationship between GDPR and email advertising?
While it might seem that sending emails to individuals isn’t a breach in data privacy, it could be. This is because the GDPR also applies to e-mail marketing campaigns.
It is crucial to be familiar with the rules surrounding the collection of user information. You should also know when legal communications may be sent to the addresses you have collected. To avoid GDPR violations, it is important to provide an easy way for data subjects to unsubscribe or opt-out from your company’s email communications.
The right to object to direct marketing is unconditionally recognized by the data subjects. Any processing of user data for direct market purposes must stop immediately if an objection is raised.
This right to object must be made clear in all e-mail communications. A link to unsubscribe at the bottom of direct marketing emails may not suffice, even though it is a common practice. It is important to clearly state that the user has the option of objecting in an email. The user must know clearly that he can unsubscribe to your company’s email list. This option must be made clear to him.
Pay attention to the meaning of “unsubscribe”. This does not mean that the processing of your data for marketing purposes is stopped. It is important to clarify that “unsubscribing” means that the data subject will not receive direct mail from your company.
What are the steps you should take to ensure that your email marketing campaigns comply with GDPR?
You must first obtain consent to direct marketing campaigns.
Opt-in boxes are used (which can’t be pre-checked).
Please specify the communication method (e-mails, SMS, phone, chat or WhatsApp). );
Ask for consent to transmit personal data to third parties (e.g. advertising agencies).
You keep track of when, how, and for what purpose you have collected consent.
Consent is the element that the GDPR made important changes to. It must satisfy several conditions. Article 4 GDPR states that consent must be explicit, unambiguous, free and specific in order to be valid.
To be granted consent, each purpose must be approved. What happens if multiple data processing operations are needed for different purposes? In such situations, the data subject must be able to give consent to one purpose only, and not all.
Consent should be given when data is processed for multiple purposes. This should include granular consent. What does this mean? This basically means that data processing can have multiple purposes. Email marketing must comply with GDPR and the validity conditions for consent. Granularity is the ability to separate these purposes and obtain consent for each separately. If you tell users that you collect their email addresses for offers about your products and services but also to share them with other companies, you will not have granular consent. This will mean that you won’t have separate consents for each purpose and the consent will be invalid.
If consent is required for multiple processing purposes by an operator, consent cannot be freely granted if it doesn’t allow the data subject to consent for each one separately.
The newsletter is an example of the second type. There are two situations. Consent can only be granted if it is for a single purpose (informing users about new products/services) and was obtained with their knowledge. You will need to notify users and get their consent for multiple purposes if you are using consent. If you use the email addresses obtained to sign up for the newsletter but later give consent to send them to other companies, your consent will not apply to both purposes. This will create a GDPR problem.
You should also be able to unsubscribe from the newsletter by being explained in plain language. Spam emails
Once you have received the consent of the people concerned, there are still some rules you need to follow in order to properly implement your email marketing campaigns.
In the newsletter, include the company’s name and contact information.
Only collect the information that you are going to use.
You must ensure that the data subjects have given their consent and that they are not disturbed by commercial messages.
You must ensure that older customers do not receive newsletters if they are not consenting to them.
There is an unsubscribe option.
Keep a record of those who have unsubscribed.
Send emails to the unsubscribed email list.
You must not use rented or purchased email lists unless the person concerned has given their consent.
Email addresses are not used for marketing purposes.
You can delete any personal data that is not necessary or unnecessary.
You have procedures in place for correct data and responding to subscribers’ requests.
Inform the data subjects about where your personal data were obtained.
Give individuals a privacy notice
To ensure data security, you have signed contracts with any third party, except employees.
Respecting these conditions will make it easier to adhere to the GDPR standards. You will also be able to avoid huge fines. Your email marketing campaigns will be appreciated more if your users are aware that you carefully process their data and have their consent in advance. Your business may grow even further if they tell others about your products and services.