Data Privacy in Email Communication: Compliance, Risks, and Best Practices

Since the EU adopted the General Data Protection Regulation (GDRP) in 2018, businesses have been forced to reconsider their email marketing practices. The repercussions for breaching privacy regulations are no joke — a single case of Amazon and its whopping fine of €746 million is proof enough of that. 

On the other hand, GDPR is no obstacle to the success of email marketing campaigns. Businesses that carefully segment their audience and strategize are still generating ROI and, what’s even more important, they foster meaningful relationships with the subscribers. If this is the effect you’re hoping to achieve, keep reading. Below, we will list the most important regulations brands should comply with, as well as analyze a few risks, and offer the best practices to keep converting leads with your email marketing campaigns.

Major GDPR Compliance Concepts 

The EU’s General Data Protection Regulation has several articles, all aimed at safe and fair processing of personal data. Still, in the context of email communication, four major concepts should be at the forefront of attention. 

Explicit & Informed Consent 

Getting explicit and informed consent from subscribers is probably the most significant change under the GDPR. This means that any future recipient should voluntarily share their email with the brand and confirm that they are ready to receive promotional offers. 

So, the pre-GDPR practice of offering website visitors pre-checked boxes that subscribe users to weekly promotion letters is a thing of the past. Today, it’s imperative that subscribers tick those boxes themselves — and, ideally, they should have a choice as to how many boxes they can tick.

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Transparency & Accountability

This regulation is the logical continuation of the previous one. The ‘explicit and informed’ consent requires brands to be transparent with their policies. This includes not only how often the company will send marketing materials but also which personal data the brand will collect and how it will safeguard it from phishing attempts.

The only way to comply with this is to always include links to the organization’s Privacy Policy in the opt-in forms. But it’s also important to make this policy easy to understand. The old excuse of ‘no one ever reads it’ will not get you far. Brands that deliberately make their policies hard to follow risk legal repercussions and serious fines. A data privacy management software can help adhere to these regulations, especially for businesses managing large amounts of customer data. Teams may also benefit from completing a GDPR course to deepen their understanding of the regulation and ensure consistent application across all processes.

Data Deletion Option for Subscribers 

Under GDPR, all email subscribers have the right to be forgotten. This means that whenever subscribers request the deletion of their personal data, this data must be deleted. When anyone unsubscribes from the mailing list, all of the previously accumulated data should be deleted, too. The process of data deletion underscores the need for a well-defined data lifecycle.

Safeguarding Subscriber Data

The number of phishing attacks keeps growing, and they become ever more sophisticated. Emails are particularly vulnerable to phishing attacks, which is why companies are obliged to ensure maximum safety for the subscriber’s personal data. This involves many practices, from minimizing data collection and analysis to encrypting all sensitive data and conducting regular security checks. Should the system be breached, the company will be held liable — which is another great risk for businesses running email marketing campaigns under GDPR. 

These points essentially sum up all the major rules email marketers should follow when running their promotional campaigns. Now, let’s examine the best practices to alleviate the risks and continue attracting more informed subscribers to your mailing database. 

Best Email Marketing Practices to Comply with GDPR

In email marketing, the top GDPR points go down to just four essential aspects. The best practices are more diverse and largely depend on business specifics. Still, businesses can never go wrong with the tactics described below. 

Using Clear Language to Obtain Consent

Avoiding all possible ambiguities is the surest path to comply with GDPR. Use clear language in all sign-up forms. Avoid any legal jargon or ambiguity. Explicitly mention what sort of materials the subscribers will receive and how often. 

For example, ‘by subscribing to our newsletter, you agree to receive monthly updates on our products.’ Here, the emphasis is on ‘agree’ — according to GDPR, user agreement is the primary thing that counts. 

Consider Granular Consent Options 

In some cases, brands might be interested in sending different promotional materials. If so, the best policy is to introduce several boxes website visitors might choose to tick. Separating monthly newsletters from discounts and promotions is a solid strategy that allows users a certain degree of control over the materials they receive. With this tip, marketers can kill two birds with one stone — comply with GDPR, and ensure their marketing materials reach receptive subscribers who voluntarily agree to receive them.

Most brands can separate their promotional materials into:

• Discounts and promotions
• Newsletters 
• Product updates 
• Tutorials and explainer materials

All of those can come in different forms — email updates, podcasts, blogs, or videos. Still, no matter which form you choose, the recipient’s explicit consent is a must to avoid legal repercussions. And remember that brands can no longer pre-tick any of these boxes — the decision is now entirely up to the user. 

Make Privacy Policy Easily Accessible

Under GDPR, businesses are obliged to make their privacy policy accessible and understandable to the readers. Sure, differently from the subscription forms, it is not easy to avoid all legal terms in a full-scale privacy policy. The best suggestion here is to give the document a close read to eliminate any ambiguity and make sure everyone can understand it. Practical web design ideas, like intuitive navigation, logical page structure, and visible footer links, help ensure that privacy policies are easy to find and easy to read.

Do Not Hide the Unsubscribe Button

This one is an absolute must — even users with the most basic computer skills should have no difficulty unsubscribing from newsletters. Make sure to include an unsubscribe link in every promotional letter you send out. Also, it’s ok to ask for the unsubscribe reason, but make sure users can complete the whole process in a few clicks. 

Google and Yahoo email sender requirements for 2024 have made one-click unsubscription mandatory for all bulk email senders. 

Use Robust Data Protection Measures

Since businesses will be held liable for any unauthorized data breach, it’s best to hire a data security specialist and conduct regular safety audits. This includes encryption, monitoring data access and control, signing relevant safety agreements with third-party providers, etc. Without properly trained professionals, keeping data safe could become a problem — especially considering that small businesses are as vulnerable to cyber-attacks as huge international organizations — often, even more vulnerable because few small businesses invest in adequate security measures.

Furthermore, to ensure enhanced email data protection and prevent spoofing attacks, DMARC implementation is highly recommended 

Minimise Data Collection 

Another solid piece of advice that should help brands comply with GDPR is minimizing data collection. This policy alleviates the potential damage in case of a data breach and allows subscribers the privacy that GDPR advocates. The idea is to collect as little information as possible — and yet, it should be enough to ensure proper lead segmentation. 

With some brands, like retail and e-commerce, this should not pose any challenge. The first name, age, and gender are usually enough for a segmented marketing campaign. When advertising professional SaaS software, the situation may get a bit challenging. It’s still vital to keep data collection minimal to avoid fines and other legal repercussions. 

Keeping these compliance points in mind and choosing the best-fitted practices to avoid GDPR violations should help businesses run their email campaigns hassle-free. All in all, it goes down to obtaining explicit consent, respecting the subscribers’ privacy, and sending them valuable information. Also, the same practices are essential in ensuring the success of any email campaign — no matter which legal regulations the organization may be subject to.

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Ahona Rudra

Domain & Email Security Expert at PowerDMARC

Ahona is the Marketing Manager at PowerDMARC, with 5+ years of experience in writing about cybersecurity topics, specializing in domain and email security. Ahona holds a post-graduation degree in Journalism and Communications, solidifying her career in the security sector since 2019.

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