Do I have to email unsubscribed users about a data breach?

This depends heavily on legal requirements in your jurisdiction and the nature of the data breached. In many cases, regulations mandate that all affected individuals be notified, regardless of their marketing subscription status. Always consult your legal counsel for definitive guidance.

What are the risks of sending a mass email notification to an old list?

A sudden large email send can negatively impact your sender reputation, leading to higher bounce rates, spam complaints, and even blocklisting (blacklisting) . This can hinder all your future email communications, not just the breach notification emails.

What key information should be included in the email?

Focus on clarity and conciseness. State what happened, what data was involved, what you've done to address it, and what actions users should take. Avoid marketing language, promotions, or unnecessary links. The tone should be empathetic and professional. For more, see this resource from EmailKarma .

Should I use a different sending domain or IP for data breach notifications?

Yes, consider using a dedicated subdomain (e.g., security.yourdomain.com ) and potentially a dedicated IP address. This helps isolate the reputation of these sensitive emails from your regular email sending activities, minimizing the risk of affecting your primary domain's deliverability.

How should I email users about a data breach? - Compliance - Email deliverability - Knowledge base

Notifying users about a data breach is a critical task that balances legal obligations with maintaining a strong sender reputation. It can feel like walking a tightrope, especially when you have to reach a wide audience, including those who may not have engaged with your emails in a long time, or even unsubscribed.

The primary goal is to inform affected individuals clearly and promptly, but you also need to ensure these important messages actually land in the inbox without triggering spam filters or damaging your email program for months to come. It requires a strategic approach, careful message crafting, and a deep understanding of email deliverability best practices. Neglecting any of these aspects can lead to further complications, from regulatory fines to long-term deliverability issues.

Responding to the breach

The immediate aftermath of a data breach calls for swift and decisive action. Your first priority is to understand the full scope of the breach and who exactly has been affected. This isn't just a best practice, it's a legal requirement in many jurisdictions.

For instance, the Federal Trade Commission (FTC) provides comprehensive guidance on data breach response, which often mandates timely notification to affected consumers. This legal framework dictates not only that you must inform users, but also specifies what information needs to be included in the notification and within what timeframe.

Consulting with your legal team is paramount at this stage to ensure full compliance with all applicable data protection laws, such as GDPR or CCPA. They can advise on who precisely needs to be notified and through which channels, especially for users whose email addresses might be compromised or for those who have previously unsubscribed from marketing communications.

Key initial steps

Assess the breach: Determine the type of data compromised and the extent of the impact.
Identify affected users: Pinpoint every individual whose data may have been exposed.
Engage legal counsel: Understand your specific legal obligations and notification requirements.
Prepare internal teams: Ensure customer support is ready to handle inquiries.

Crafting your message

The content and tone of your data breach notification email are paramount. It needs to be clear, concise, and empathetic, while avoiding jargon or overly technical language. Get straight to the point: what happened, what data was involved, and what steps users should take. Avoid any marketing language or calls to action unrelated to the breach notification.

Transparency builds trust, even in a difficult situation. Clearly explain what actions your company is taking to remedy the situation and prevent future occurrences. Provide specific, actionable advice for recipients, such as changing passwords, monitoring financial statements, or enabling multi-factor authentication. An example of this is seen in many data breach notification email templates that prioritize direct communication.

Keep the message focused solely on the breach and its implications. Any additional information or attempts to re-engage users will detract from the urgency and importance of the notification, potentially leading to increased spam complaints. Consider a plaintext or very simple HTML email format to ensure maximum readability across all email clients.

Example data breach notification email templatetext

Subject: Important Security Notice: [Your Company Name] Data Breach

Dear [Customer Name],

We are writing to inform you of a data security incident that occurred on [Date or Period of Breach]. We recently discovered unauthorized access to our systems, which may have involved some of your personal information.

What happened:
[Clearly explain what occurred, e.g., "an unauthorized third party accessed our database."]

What information was involved:
[List the specific types of data, e.g., "email addresses, names, and encrypted passwords."]

What we are doing:
[Describe your actions, e.g., "We immediately secured our systems, launched an investigation with leading cybersecurity experts, and notified relevant authorities."]

What you can do:
[Provide clear, actionable steps, e.g., "We strongly recommend that you change your password for your [Your Company Name] account immediately."]

[Add other relevant actions, e.g., "If you reuse this password on other sites, please change those as well. Consider enabling two-factor authentication if available."]

We deeply regret this incident and sincerely apologize for any inconvenience or concern it may cause. We are committed to protecting your data and continuously strengthening our security measures.

If you have any questions or require further assistance, please visit our dedicated support page at [Link to support page] or contact us at [Phone Number/Email Address].

Sincerely,

The [Your Company Name] Team

Deliverability and distribution

When sending a large volume of data breach notifications, especially to an aging list, protecting your sender reputation is crucial. Dropping a sudden, massive email bomb can trigger spam filters and lead to your domain or IP being put on a blocklist (or blacklist), preventing even future legitimate emails from reaching inboxes.

To mitigate this risk, segment your list by engagement and send in batches, starting with your most active users. This gradual sending (also known as warming up a new send profile) allows you to monitor deliverability and adjust if needed. If your email program ends up on a blacklist or blocklist, you'll need to work on expediting email delisting from ISPs.

Consider using a dedicated sending IP address or a specific subdomain (e.g., breach.yourdomain.com) solely for these breach notifications. This isolates the reputation of these critical emails from your regular marketing or transactional sends. Proactively contacting major mailbox providers (ISPs) to give them a heads-up about the impending high-volume, sensitive mailing can also be beneficial. It won't guarantee perfect delivery, but it shows good faith and may help minimize issues.

Managing unengaged contacts

One of the trickiest aspects of data breach notification is deciding how to handle inactive and unsubscribed users. While marketing emails should never be sent to unsubscribed contacts, legally mandated notifications, like data breach alerts, often have different rules. Your legal counsel will provide the definitive answer on who must be notified regardless of their opt-in status.

For very old or highly unengaged segments, emailing them about a breach can carry significant risks to your sender reputation, including triggering spam traps. If postal addresses are available, physical mail might be a safer alternative for inactive or unsubscribed contacts, especially if the breach is severe and warrants guaranteed delivery.

When the immediate crisis is over, use this as an opportunity to clean your lists thoroughly. Regularly removing old, unengaged contacts, or hard bounces helps prevent future deliverability issues. This proactive list hygiene is a cornerstone of maintaining good email domain reputation.

Views from the trenches

Best practices

Always consult your legal team to ensure compliance with all data protection regulations for notification.

Segment your audience and prioritize sending to active users first to minimize deliverability risk.

Use a clear, concise, and empathetic tone in your notification, avoiding any marketing language.

Provide specific, actionable steps for users to protect themselves post-breach.

Common pitfalls

Sending a data breach notification to your entire list at once, risking major blocklists.

Including marketing content or unrelated calls to action in a sensitive breach notification email.

Failing to adequately warn ISPs about a large, out-of-norm email volume for sensitive notifications.

Neglecting to consult legal counsel on notification requirements for inactive or unsubscribed users.

Expert tips

For very old or unengaged segments, explore alternative notification methods like physical mail.

Use a plain text or simple HTML format for breach notifications to ensure broad compatibility.

Document every step of your breach response, from discovery to notification, for regulatory purposes.

Implement robust email authentication protocols like DMARC, SPF, and DKIM to prevent phishing attempts related to the breach.

Marketer view

Marketer from Email Geeks says that determining whether to email inactive or unsubscribed contacts about a data breach is a key challenge.

August 4, 2020 - Email Geeks

Marketer view

Marketer from Email Geeks notes that only affected individuals require contact, and email is one of several notification methods available, underscoring the necessity of data deletion.

August 4, 2020 - Email Geeks

Navigating data breach notifications

Emailing users about a data breach is a multifaceted challenge that demands a balance between legal compliance, clear communication, and careful deliverability management. By understanding your notification obligations, crafting an honest and actionable message, and implementing strategic sending practices, you can navigate this difficult situation effectively.

Prioritizing your users' safety while protecting your sender reputation is key. Proactive steps, such as consulting legal experts and staggering your email sends, will help ensure your critical message reaches its intended audience without inadvertently causing further harm to your email program.