The General Data Protection Regulation (GDPR) is a major EU (EU) privacy regulation that came into force on 25 May 2018. GDPR overturned the 1995 Data Protection Directive (DPD) and fundamentally changed the way that organisations use the personal data of EU citizens. GDPR applies to all entities, both headquartered and outside of Europe, that handle personal data of EU residents. It has transformed email marketing around the world and marketers should be aware of its guidelines. In this white paper, GDPR for email marketing is fully discussed, highlighting principles, best practices, and guidance on how to stay compliant and not get caught.
What Is GDPR and What Does It Stand For?
The GDPR seeks to give EU citizens access to the privacy and personal data they wish, and gives them many rights over the use, storage and disclosure of their data. The GDPR establishes a few core standards:
Privacy, justice and openness: Personal information should be treated safely, fairly and openly. Companies must disclose clear, detailed information on how their data is processed.
Purpose limitation: Personal data can be collected only for specific, unambiguous and legitimate purposes, and cannot be processed for reasons unrelated to those purposes.
Data reduction: Data should be real, current and limited in terms of processing. That’s what we call data reduction. It requires that only the data should be gathered, and the data shouldn’t be gathered ahead of time or stored beyond necessity. By adhering to this principle, businesses can avoid data breaches and keep personal data secure and private.
Precision: We need to make sure that personal data is accurate and, where possible, synchronized. We should make every reasonable attempt to immediately delete or update incorrect personal information. We need to do this to ensure the integrity of the data and avoid harming the data subjects. This must be achieved by the data controller.
Storage caps: Personal data are to be stored in a manner that avoids the data subject identification being stored longer than is necessary for the processing activity for which personal data are used.
Integrity and privacy: We want to ensure that personal information is stored securely and is not abused or misused, or erased, destroyed or harmed without our consent.
Consent: Crucial for Email Marketing
For email marketing, consent is a vital part of GDPR compliance. We should ask for specific, clear, free consent from EU citizens before we send marketing emails. The GDPR specifies the following conditions for valid consent:
Consent: Keeping quiet, checking boxes or stepping back doesn’t count as consent. The data subject must expressly and affirmatively accept that their personal data is being processed.
Detail based: You have to give consent for a reason. In addition, organisations have a responsibility to be transparent and clear in terms of the processes under which they are processing data, including the data controller’s identity, the processing purpose, and the types of personal data being processed.
Limited: Specific Confirmation – data subject may give specific consent to a particular data processing activity, rather than consent in general.
Proven: Consenting data subjects have the right to withhold their consent at any time. Companies should make it as easy to deny consent as to provide it.
How To Get GDPR Compliant With Email Marketing Best Practices?
The following are the best practices that companies can use to stay GDPR compliant when using email marketing:
Conduct a full data audit: Assess what personal data is being captured, used, and stored. Explore the ways that the law permits you to exploit each type of data and document its findings.
Write a simple privacy statement: Describe how the data is processed — what data is collected, why it’s processed, and how long it will be retained.
Validate consent: Obtain clear and explicit consent from data subjects to all data processing processes using a consent management tool. Copy the consent and offer data subjects a quick way to opt-out.
Develop a data breach response plan: Create a plan to detect, notify and respond to a data breach within 72 hours as stipulated by the GDPR.
Establish a DPO (Data Protection Officer): Establish a DPO or GDPR Compliance Officer to keep track of and enforce GDPR compliance.
Assign data subject access rights: Create procedures to manage data subject requests for access, correction, deletion, objection, and portability.
Be on the lookout and always review data processing practices: Regularly audit and review data processing processes to comply with GDPR and best practice standards.
Avoiding Charges: How To Stay Away From GDPR Fines.
In order to stay away from GDPR violations and potentially imposing penalties, businesses need to:
Embrace a privacy culture: Educate your employees on GDPR regulations and best practices. Encourage an organization with a privacy-friendly culture.
Good data security: Take technical and organizational measures to protect personal information from misuse or unauthorized access, theft, destruction or damage.
Train your employees daily: Conduct employee trainings on a regular basis to educate employees about GDPR guidelines, best practices and risks.
Report and resolve violations: Provide workers the option to report potential GDPR violations and put in place processes to investigate and address suspected violations.
Maintain constant compliance with data processing practices: Verify and revise data processing practices regularly to ensure that they are in line with GDPR regulations and best practices.
Contact a GDPR advisor or lawyer: Seek professional help to meet GDPR regulations and overcome any problems or concerns.
Final Word:
GDPR has transformed email marketing across the globe, forcing organizations to rethink how they gather, use and retain data. Companies can make sure they are compliant with GDPR, adopt best practices, and mitigate GDPR violations by having the right knowledge and practices to stay out of penalties. Creating a privacy culture, having robust data protection policies, and regularly training employees is the only way to keep up with GDPR in the long run. By prioritising data security and privacy, companies can build customer confidence and a reputation in the marketplace.
