GDPR, Something Stringent Building Sway, Part VIII-c

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Email Marketer/Marketing and GDPR

Last time, under the umbrella of the General Data Protection Regulation (GDPR), we took a close look at the use of “cookies” (http cookies/web cookies) and cookie consent banners. This time we consider, for emulation sake, the implications, precautions and procedures, and protocols of the GDPR for email marketing/marketers, which has a heavy focus on the protection of personal data and the rights of EU citizens.

Initially, the GDPR implies that marketers must obtain explicit consent from individuals before sending marketing emails. This consent must be freely given, specific, informed, and unambiguous; Individuals must be informed about how their data will be used and by whom, i.e., the email marketer must be transparent; So, Email Marketers must provide clear privacy notices; Marketers must only collect the data that is necessary for the intended purpose, i.e. practice data minimization; They must Implement appropriate security measures to protect personal data from unauthorized access or breaches, and; Email Marketers must be able to demonstrate compliance with GDPR, including how consent is obtained and recorded, i.e., show accountability.

A website privacy policy is necessary for an email campaign as GDPR mandates that organizations handling the personal data of EU citizens must have a clear and accessible privacy policy. This privacy policy serves as a compliance document that outlines the organization’s data processing activities and practices. Implementation of a well-crafted privacy policy can avoid hefty penalties/fines. A privacy policy ensures transparency by informing users about how their data is collected, used, and protected. GDPR emphasizes the need for clarity and accessibility concerning these transparency details. It outlines the rights of individuals regarding their data, such as the right to access, correct, or delete their information. It serves as a guide for users/visitors to understand and exercise their rights under GDPR. It helps to build trust with users, showing that they take data protection seriously and value the privacy of their customers. It supports the GDPR requirement of informed consent, as the policy educates users/visitors. It justifies the legal basis for processing personal data, whether t’s for fulfilling a contract, complying with a legal obligation, protecting vital interests, or other legitimate reasons, and; Even a non EU-based organizations, if it processes data of EU citizens, must comply with the GDPR, making the privacy policy a critical document for international operations.

A Privacy Policy should begin with a brief introduction about the importance of privacy and the website’s commitment to protecting user/visitor data. Then, it should give details on what types of personal information are collected (e.g., name, email, etc.); Explain why the information is collected (e.g., to provide services, improve user experience), i.e., for what purpose, and how it is used by the website. It should detail what information is shared, if any, with third parties and under what circumstances. It should outline user rights regarding personal data, e.g., access, correction, and deletion. It should provide information on the use of cookies and other tracking technologies, if any. It must detail security measures taken by the website to protect user/visitor data. Describe how users will be informed about privacy policy updates. Finally, it should give the website contact information in case users have privacy concerns.

Moving on, Email marketers must adopt appropriate procedures and take certain precautions such as the use of double opt-in mechanisms to ensure that the consent is verifiable. This means sending an automated email, to a submitted email address, with a unique link for subscriber engagement, to confirm the subscription after completion of the initial sign-up form; Keep details of how and when consent was obtained; Conduct data protection impact assessment (DPIA) for email marketing activities to identify and mitigate risks, and; Ensure that data processing agreements (contracts) with third-party service providers who process personal data on your behalf are GDPR-compliant.

The importance of double opt-in mechanisms for email marketing lists in the context of GDPR is significant, as, businesses must obtain, as stated before, explicit and verifiable consent from individuals before sending them marketing emails. Double opt-in provides a clear, verifiable audit trail of consent by requiring subscribers to take an affirmative action (clicking a confirmation link), which serves as proof that they have agreed to receive emails. It ensures that the email addresses collected are of high quality and valid and that the subscribers are genuinely interested in receiving communications, which aligns with GDPR’s principle of data accuracy and minimization. By confirming their subscription, users are less likely to report emails as spam, which is in line with GDPR’s requirement for businesses to respect users’ rights and preferences. Compliance with GDPR through double opt-in can enhance the trust relationship between businesses and users/subscribers, as it demonstrates a commitment to protecting personal data and respecting privacy.


The Email Marketer must adopt standard protocols to maintain the health of their email list such as making it easy for subscribers to opt out or unsubscribe from the marketer’s email communication, i.e., support the subscriber/user’s right to withdraw consent; Periodically clean his/her email lists to remove individuals who have not engaged with emails or have withdrawn consent; Use encryption to protect personal data in transit and storage, and; Train staff on GDPR compliance and the importance of data protection.

Conclusion

By adhering to these guidelines, Email Marketers can comply with GDPR and also build trust with their audience, ensuring that their email marketing efforts are both effective and lawful. So, in short, gain informed consent from subscribers. Employ the double opt-in mechanism. Establish a website privacy policy. And, see to the health of the email list. Next time we will consider social media concerning the GDPR.


Other Resources

How to Master Email Marketing (2024): https://youtu.be/qYzmG_7nx3Y

What is Email Spam? | Tech: https://youtu.be/bfklwaX7FNA


How to Create a Business Email | Complete Setup with Gmail for Free: https://youtu.be/b4ij06Tt3U4

How to make GDPR compliant contact form? (WordPress): https://www.youtube.com/watch?v=v8akcsSUFvI

Double Opt In Explained – When You Need To Use It: https://youtu.be/yhWl-65nHTI


Is your website legal? 😬 (How to create a compliant Privacy Policy!): https://youtu.be/U60BEcI4AgI

Easily Adding Privacy & Terms to your Websites – TermsFeed: https://youtu.be/qTfUVSvGpTg

How to Create Privacy Policy page in WordPress: https://youtu.be/z_DYTVFPTZg


Mailchimp | gdpr Paul Jarvis at Chimp Essentials: https://youtu.be/XhpyQbZ-Lr8

What Is MailChimp And How Does It Work? https://youtu.be/eVnzKD_wQLQ

Prep & Start: Mailchimp Tutorials & Webinars: https://youtu.be/ZxJQ2CoeJ3o

 –Richard Thomas

Previous, Part VIII-b

Next, Part VIII-d

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