GDPR Email Marketing Compliance Checklist

In order to safeguard the sensitive and personal information of individuals, countries have become increasingly strict with how businesses use citizen data. This is to prevent spam and fraudulent activities that could potentially harm regular citizens who use any kind of service or business, in case the privacy of the business is compromised.

One such essential measure for protecting data is the GDPR, which aims to return control over personal data to citizens and simplify the regulatory environment for international business by unifying regulations within the EU.

The GDPR applies to all businesses that process the personal data of individuals in the EU, regardless of where the business is located. This includes businesses that send marketing emails to individuals in the EU.

If you are a business or marketer that falls under the criteria mentioned above, this checklist is for you. Complying with this GDPR Email Marketing Checklist will not only keep you out of trouble but will also help you establish better relationships with your users and subscribers.

Before starting let’s take a quick look at what GDPR is..

The General Data Protection Regulation (GDPR) is a regulation in EU law on data protection and privacy for all individuals within the European Union (EU) and the European Economic Area (EEA).

It took the internet by storm in 2018 and applies not only to businesses within the European Union but also to those outside the EU that handle EU citizens' data. It's like a digital guardian that ensures businesses handle personal data responsibly, transparently, and securely.

Being GDPR compliant shows your users that you are serious about their data safety and helps build global credibility.

The GDPR has brought about significant changes to email marketing, including stricter rules for obtaining consent, expanded data subject rights, and stronger enforcement mechanisms.

Marketers are now required to obtain explicit consent from their subscribers and provide clear and transparent privacy policies. Failure to comply with these regulations can result in hefty fines and a damaged reputation.

To adapt to these changes, marketers must prioritize maintaining clean data, implementing robust consent management systems, and regularly auditing their email marketing practices. As a marketer or business catering to the email marketing industry, it's important to follow these best practices to ensure compliance with GDPR.

You should know from where and what data is flowing in, where is it stored, and who has access to it.

Determine the types of personal data you possess and whether this data comprises sensitive personal information to maintain its confidentiality and security. Also, consider whether your website collects personal information from minors, and how consent for processing this personal data has been obtained and retained.

In case the data is coming from or shared with a third party, you also need to consider whether these third-party entities are based outside the EEA. If so, what measures they have implemented to protect your personal data from being accessed by foreign entities or used for purposes other than those permitted under the contract with the third party?

Data processing and how the data is being used has become a complicated area for businesses, often leading to uncertain and unregulated practices.

In some cases, marketers may display data privacy and usage terms merely as a formality, without having full control over the data being used. To avoid this, ensure all the data has been collected legally, is going to a safe place, and is put to the right use.

Maintain a record of all the devices linked to your network and their involvement in handling personal data. Refrain from retaining sensitive data that is not necessary, and keep an up-to-date record of how your business manages personal data.

To make sure that everyone who signs up for your email list has given their permission, you should use a double-check system.

This means that when someone signs up, they have to confirm twice that they want to be on the list. The first time is when they fill out the form, and the second time is when they click a link in an email that they get after filling out the form.

Even though it is not required by the GDPR, it's a good idea to do it anyway. By using this system, you can be sure that people want to give you their information, which shows that you care about following the rules for keeping people's data safe.

Website security is something that you cannot afford to ignore. As a website owner, you must ensure your website is secure.

This means that the data stored on the website needs to be protected and that the website itself needs to be protected from outside attacks. Websites are regularly attacked by hackers and other people with malicious intent.

Here are a few security measures to consider-

Your customers need to be aware of all the data you’re collecting about them. Clandestine data collection will only lead to a hefty non-compliance fine.

Data collection acknowledgment must be clearly displayed at every data collection point - before any data is collected. For example, when you are collecting data on your signup forms, lead magnet forms, etc, let them know how their data is going to be used.

If you are going to send emails, make it clear and simple. Get their consent by providing them the option to receive or not to receive communication from your business. And pre-ticked boxes are a big no-no, as they can be misleading as well as non-GDPR compliant.

According to the GDPR, cookies are classified as personal data collectors and must be regulated. If you use behavior or tracking cookies, you must offer visitors the option to accept, reject, or customize them.

By including a cookie banner on your website, you can help ensure GDPR compliance and give visitors control over their data. Before collecting or using any data, be sure to clearly explain how the cookie data will be used and obtain consent from the user.

If consent is not given, access to the website should not be provided, as it may result in the capture of personal data. Visitors should also be able to revoke their consent to use cookies, and any actions taken regarding user consent and data should be documented.

GDPR outlines a unilateral approach to third-party risk mitigation, expecting entities to discover and mitigate information security risks both internally and throughout the third-party network.

Data controllers are responsible for implementing appropriate security measures. These security measures can be summarized in a compliance framework supported by four primary pillars — risk assessments, compliance evidence gathering, continuous monitoring, and audit trail capabilities.

What is appropriate is assessed in terms of a variety of factors including the sensitivity of the data, the risks to individuals associated with any security breach, the state of the art, the costs of implementation, and the nature of the processing.

It is important to note that even if your email marketing is handled by a third-party email marketing service, you’re still the owner of the data. As such, the responsibility for legal compliance for managing that user data is on you. So, make sure you assess all third parties well before taking any action.

GDPR requires you to retain only necessary and up-to-date data.

You should be removing unsubscribed contacts, invalid email addresses, and personal data of individuals who have exercised their right to be forgotten to maintain an accurate and relevant list of subscribers.

With regular email list cleaning, you ensure that you are not sending emails to individuals who have chosen to unsubscribe from your communications. This respects their preferences and helps build trust with your subscribers.

Additionally, removing invalid email addresses helps improve your sender reputation, and email deliverability rates, ensuring that your messages reach the intended recipients.

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As per GDPR guidelines, consumers have the right to reclaim ownership of their data and opt out of marketing communications. Thus, if an existing customer or subscriber, who earlier opted to receive communication wishes to opt out, you should provide a clear option to unsubscribe using an opt-out guide.

When someone clicks on the unsubscribe link, ensure that they are removed from your email list and all data stored about them for marketing purposes is deleted.

You can also offer subscribers the option to customize their email subscriptions, enabling them to stop receiving specific types of emails.

For example, they can choose to receive updates solely about new product launches or updates and decide how frequently they want to receive emails. This way, subscribers have better control over the communications they receive from businesses.

Under GDPR being compliant means that you need to have a GDPR-compliant email service provider(ESP) and you need to be fully prepared or you both will be at risk of fines. So, you need to be sure that your ESP is following all the legal requirements.

Here are some questions you should ask your ESP before starting:

Evaluate the responses, go through their policies, and only then decide whether to go with those ESPs or not. When you pick a reliable ESP that abides by GDPR, it is going to make it a lot easier for you to fulfill all the GDPR compliance requirements for Email Marketing.

The primary purpose of a privacy policy is to inform your site’s visitors about how you collect, use, store, and disclose their personal data. It should explain the user’s rights and your obligations to them. Some of these rights include the right to access their data and the right to request the erasure of their data.

It should also include information on data subject rights, data sharing and transfer, and any relevant data breach notifications.

So, to comply with GDPR, you should update your website's privacy policy regularly. Explain how you collect, and process personal user data in a simple and concise language that is easily accessible and understandable by the users.

As a marketer, the GDPR can be a valuable tool to enhance the quality of contact/email lists, optimize marketing strategies, and generate higher-quality data for more personalized and targeted campaigns.

It provides an opportunity to review our existing processes and make improvements where necessary, ensuring that we are complying with all relevant regulations and providing a better overall experience for our audience. Hence, with GDPR, we can build stronger, more effective marketing campaigns that drive better results for our business.