What are the best EU-based email service providers (ESPs)?

Key findings

• GDPR compliance: Many EU-based ESPs explicitly emphasize their adherence to GDPR, which is crucial for data processing and storage within the European Economic Area (EEA).
• Explicit consent: A common policy among EU ESPs, particularly in countries like Germany, is the requirement for prior explicit consent for email marketing, even pre-GDPR. This contrasts with 'legitimate interest' basis often used elsewhere.
• Diverse offerings: The European market hosts a wide range of ESPs, from large established players to niche providers, each offering varying levels of features, support, and specialization.
• Certified senders: Some European ESPs are part of initiatives like the Certified Senders Alliance (CSA), which requires compliance with strict legal and technical quality standards for improved deliverability to European mailbox providers.

Key considerations

• Terms of service review: Thoroughly review an ESP's terms of service, especially their anti-spam policy, to ensure it aligns with your sending practices and EU regulations.
• Data residency: Confirm where the ESP stores its data. For EU operations, ensuring data resides within the EU or a country with adequate data protection frameworks is paramount.
• Deliverability: While an ESP's location doesn't guarantee deliverability, EU-based providers often have stronger relationships and understanding of European mailbox providers' requirements. Ensure the ESP supports proper email authentication such as SPF, DKIM, and DMARC.
• Migration planning: If migrating to a new ESP, consider the best practices for retaining sender reputation to avoid deliverability issues.

Key opinions

• Seeking specific recommendations: Marketers frequently ask for direct recommendations for EU-based ESPs, often only initially thinking of one or two names.
• Awareness of geographic base: While some ESPs are well-known, marketers may not always be aware of their precise geographic headquarters or data center locations, highlighting the need for clarity.
• Consent vs. legitimate interest: There's a notable concern among marketers about EU customers potentially pressuring them regarding anti-spam policies, particularly the strict 'explicit consent' approach favored by many EU ESPs over 'legitimate interest'.
• Beyond core functionality: For many, the choice of an EU-based ESP goes beyond just email sending capabilities; it also includes evaluating their full marketing automation suite and CRM integrations.

Key considerations

• Defining ESP functionality: Marketers must verify if a proposed provider is a true ESP or merely a platform that sends through another service, impacting direct control over deliverability. Understanding the division of email deliverability responsibility is key.
• Policy alignment: Marketers need to ensure the ESP's anti-spam and privacy policies align with their own operational policies, particularly regarding consent mechanisms in Europe.
• Local market nuances: It's important to recognize that while GDPR is EU-wide, specific countries might have additional local regulations or cultural expectations regarding email marketing, impacting ESP choice.
• Deliverability performance: Marketers should investigate an EU ESP's track record for inbox placement within Europe. Tools for tracking email deliverability are essential for this.

Key opinions

• Beyond location: Experts advise that simply being EU-based does not guarantee GDPR compliance; the ESP's internal processes and contracts must explicitly address data handling in line with the regulation.
• Consent management: Proper consent management is paramount. ESPs should provide tools and functionalities that facilitate clear, affirmative consent collection and management, aligning with EU privacy laws.
• Technical standards: Adherence to technical standards like SPF, DKIM, and DMARC is critical for deliverability, especially when sending to European mailbox providers, which often have high security requirements.
• Reputation monitoring: Maintaining a strong sender reputation is an ongoing effort, and EU-based ESPs should provide transparency and tools to monitor domain reputation and avoid blocklists.

Key considerations

• Data processing agreements: Ensure the ESP provides a robust Data Processing Agreement (DPA) that clearly outlines their responsibilities as a data processor under GDPR.
• Infrastructure location: While an ESP's head office might be in the EU, verify that their actual servers and data storage facilities are also located within the EU or EEA.
• Sub-processors: Inquire about any third-party sub-processors the ESP uses and ensure they also meet GDPR compliance standards. All parties must adhere to strong deliverability practices.
• Incident response: An EU-based ESP should have clear procedures for data breach notification and incident response, which are critical components of GDPR.

Key findings

• GDPR's broad scope: GDPR (General Data Protection Regulation) is a comprehensive data protection law applying to any organization processing personal data of EU residents, regardless of where the organization is located. This directly impacts ESPs and their clients.
• ePrivacy Directive: Often referred to as the 'Cookie Law,' this directive specifically addresses unsolicited communications (spam) and requires prior consent for direct marketing emails, unless certain conditions for existing customer relationships are met.
• Data subject rights: Documentation emphasizes the rights of data subjects, including the right to access, rectify, erase, and object to processing their personal data. ESPs must provide features to support these rights.
• Security requirements: Documentation outlines the need for appropriate technical and organizational measures to ensure the security of personal data, including encryption and access controls, which ESPs must implement.

Key considerations

• Processor vs. controller roles: Documentation clarifies that ESPs typically act as 'data processors' on behalf of their clients ('data controllers'). A clear understanding of these roles is essential for legal compliance.
• Impact of data transfers: For ESPs transferring data outside the EU, documentation specifies the need for adequate safeguards, such as Standard Contractual Clauses (SCCs) or adequacy decisions. This is crucial for avoiding deliverability issues related to privacy.
• Record keeping: Both controllers and processors are required to maintain records of processing activities. EU-based ESPs should facilitate this for their clients.
• Standard email authentication: Documentation and industry best practices for email emphasize the importance of implementing SPF, DKIM, and DMARC for email authentication and improved deliverability, regardless of geographic location.