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What impact did GDPR have on email marketing?

9Marketer opinions2Expert opinions4Technical articles5Resources

Summary

GDPR has fundamentally reshaped email marketing, mandating explicit consent, transparent data processing, and empowering individuals with rights like the right to be forgotten. This has led to a shift towards personalized, permission-based strategies, requiring marketers to prioritize data security, consent management, and ethical practices. While lead generation may be more challenging, focusing on quality over quantity can yield higher engagement and build trust. Key changes include stricter consent requirements, broadened definitions of personal data, unified data protection rules within the EU, and specific website compliance requirements. Using legitimate interest as a basis for processing also requires significant consideration and documentation.

Key findings

  • Explicit Consent Mandate: GDPR requires explicit consent for email marketing, impacting how businesses collect and manage email addresses.
  • Increased Data Transparency: GDPR mandates transparent data processing, giving individuals more information about how their data is used.
  • Empowered Individual Rights: GDPR grants individuals enhanced rights, including the right to be forgotten, giving them more control over their personal data.
  • Higher Consent Standards: GDPR necessitates a higher standard for consent, requiring it to be freely given, specific, informed, and unambiguous.
  • List Hygiene and Quality: GDPR has forced marketers to clean their email lists and focus on quality over quantity, potentially improving engagement.
  • Shift to Personalized Strategies: GDPR has shifted marketing towards more personalized and permission-based strategies, fostering greater trust with consumers.
  • Legitimate Interest Considerations: Using legitimate interest as a basis for processing data under GDPR requires careful consideration, documentation, and a balancing test of interests.
  • Unified Data Protection Rules: GDPR unifies data protection rules across the EU, impacting international business and data processing.
  • Website Compliance Requirements: Websites must adhere to GDPR compliance requirements, including privacy policies, cookie consent banners, and data subject access request processes.
  • Expanded Definition of Personal Data: GDPR broadens the definition of personal data to include online identifiers like IP addresses and cookies, affecting website tracking.

Key considerations

  • Obtain Explicit Consent: Ensure explicit consent is obtained for email marketing activities, documenting the process and providing easy withdrawal options.
  • Implement Data Security Measures: Implement robust data security measures to protect personal data in compliance with GDPR requirements.
  • Provide Easy Unsubscribe Options: Ensure easy and accessible unsubscribe options are available in all email communications.
  • Manage and Record Consent: Implement a system for managing and recording consent, ensuring compliance with GDPR regulations.
  • Review Email Automation Workflows: Carefully consider how personal data is used in email automation workflows, adhering to consent and data minimization principles.
  • Update Privacy Policies: Ensure website privacy policies are compliant with GDPR and provide transparent information about data processing.
  • Conduct Legitimate Interest Assessments: Assess and document the justification for relying on legitimate interest as a lawful basis for processing personal data.
  • Offer Data Subject Access: Establish procedures for handling data subject access requests, allowing individuals to access, rectify, or erase their personal data.
  • Implement Cookie Consent Banners: Implement clear and compliant cookie consent banners on websites to obtain consent for tracking technologies.
  • Focus on Quality over Quantity: Prioritize acquiring high-quality, engaged leads over simply collecting large numbers of email addresses.

What email marketers say
9Marketer opinions

GDPR has significantly impacted email marketing by mandating explicit consent, increasing data transparency, and empowering individuals with greater control over their personal data. This has led to a shift towards more personalized, permission-based strategies, requiring businesses to prioritize data security, consent management, and the right to be forgotten. While lead generation has become more challenging, the resulting higher quality and engaged audience can foster greater trust and improve overall email marketing performance.

Key opinions

  • Consent Requirements: GDPR mandates explicit consent for email marketing, impacting how businesses collect and utilize email addresses.
  • Data Transparency: GDPR requires transparent data processing, ensuring individuals are informed about how their data is used.
  • Individual Rights: GDPR grants individuals the right to be forgotten, giving them control over their personal data.
  • Higher Consent Standard: GDPR necessitates a higher standard for consent, requiring it to be freely given, specific, informed, and unambiguous.
  • List Cleaning: GDPR has forced marketers to clean their lists, focusing on quality over quantity, leading to higher engagement rates.
  • Personalized Strategies: GDPR has shifted marketing towards more personalized and permission-based strategies, fostering greater trust.
  • Challenging Lead Generation: GDPR made lead generation more challenging but valuable, as leads acquired with consent are more likely to convert.
  • Building Trust: GDPR compliance can build trust with subscribers, demonstrating a commitment to data privacy and ethical practices.

Key considerations

  • Explicit Consent: Ensure you obtain explicit consent for email marketing, using clear and affirmative actions.
  • Data Security: Implement robust data security measures to protect personal data in compliance with GDPR requirements.
  • Right to be Forgotten: Provide easy unsubscribe options and honor requests for data deletion promptly.
  • Consent Management: Implement a system for managing and recording consent, ensuring compliance with GDPR.
  • Workflow Adjustments: Carefully consider how personal data is used in email automation workflows.
  • Transparency: Be transparent about how you are using people's data.
Marketer view

Email marketer from Forbes explains that GDPR has shifted marketing towards more personalized and permission-based strategies, fostering greater trust with consumers.

September 2024 - Forbes
Marketer view

Email marketer from Sendinblue responds that GDPR significantly altered email marketing by mandating transparent data processing, consent management, and the right to be forgotten.

October 2024 - Sendinblue
Marketer view

Email marketer from SuperOffice shares that GDPR necessitates a higher standard for consent, requiring it to be freely given, specific, informed, and unambiguous.

February 2023 - SuperOffice
Marketer view

Email marketer from Reddit user shares that GDPR forced them to clean their marketing lists and focus on quality over quantity, resulting in higher engagement rates.

May 2024 - Reddit
Marketer view

Email marketer from Campaign Monitor shares that GDPR compliance can actually build trust with subscribers, demonstrating a commitment to data privacy and ethical marketing practices.

July 2021 - Campaign Monitor
Marketer view

Email marketer from Mailjet shares that GDPR compliance involves obtaining clear and affirmative consent, providing easy unsubscribe options, and ensuring data security.

May 2024 - Mailjet
Marketer view

Email marketer from HubSpot shares that GDPR made lead generation more challenging but also more valuable, as leads acquired with explicit consent are more likely to convert.

February 2022 - HubSpot
Marketer view

Email marketer from ActiveCampaign explains that GDPR requires careful consideration of how personal data is used in email automation workflows, ensuring compliance with consent and data minimization principles.

September 2023 - ActiveCampaign
Marketer view

Email marketer from GDPR.EU explains that GDPR requires explicit consent for email marketing, impacting how businesses collect and use email addresses.

October 2021 - GDPR.EU

What the experts say
2Expert opinions

Experts from Word to the Wise emphasize that GDPR has significantly altered consent acquisition and the use of legitimate interest in email marketing. Consent requires affirmative action, meticulous record-keeping, and straightforward withdrawal mechanisms. When relying on legitimate interest, marketers must conduct thorough evaluations and document the balancing of interests to ensure compliance.

Key opinions

  • Consent Changes: GDPR fundamentally changes how consent is obtained, necessitating affirmative action from subscribers.
  • Record-Keeping: GDPR mandates meticulous record-keeping of consent to demonstrate compliance.
  • Withdrawal Options: GDPR requires easy and accessible options for subscribers to withdraw their consent.
  • Legitimate Interest Scrutiny: GDPR subjects the use of legitimate interest as a basis for data processing to careful scrutiny.
  • Balancing Test: Marketers must conduct and document a balancing test of interests when relying on legitimate interest.

Key considerations

  • Affirmative Consent: Ensure consent is obtained through affirmative action, not pre-checked boxes or implied agreement.
  • Consent Records: Maintain detailed records of when, how, and why consent was obtained for each subscriber.
  • Easy Unsubscribe: Provide clear and easy-to-find unsubscribe links in all email communications.
  • Legitimate Interest Assessment: Carefully assess and document whether legitimate interest is a valid basis for processing data.
  • Documentation: Thoroughly document all steps taken to comply with GDPR, including consent procedures and legitimate interest assessments.
Expert view

Expert from Word to the Wise explains that GDPR changes how consent is obtained, requiring affirmative action, record-keeping of consent, and easy withdrawal options.

March 2024 - Word to the Wise
Expert view

Expert from Word to the Wise explains that legitimate interest as a basis for processing data under GDPR requires careful consideration and documentation, including a balancing test of interests.

January 2024 - Word to the Wise

What the documentation says
4Technical articles

GDPR necessitates a lawful basis for processing personal data for direct marketing, with consent and legitimate interests being key. It unifies data protection rules across the EU, empowering individuals and simplifying regulations for international business. The definition of personal data has expanded to include online identifiers, impacting website tracking. Websites must adhere to GDPR compliance requirements, implementing privacy policies, cookie consent banners, and mechanisms for data subject access requests.

Key findings

  • Lawful Basis Required: GDPR requires a lawful basis for processing personal data for direct marketing, such as consent or legitimate interests.
  • Unified Data Protection: GDPR unifies data protection rules across the EU.
  • Expanded Personal Data Definition: GDPR broadened the definition of personal data to include online identifiers like IP addresses and cookies.
  • Website Compliance Requirements: GDPR details compliance requirements for websites, including privacy policies, cookie consent banners, and data subject access requests.

Key considerations

  • Identify Lawful Basis: Determine and document the lawful basis for processing personal data for email marketing.
  • Privacy Policy Update: Ensure your website has a compliant and up-to-date privacy policy that reflects GDPR requirements.
  • Cookie Consent: Implement a clear and compliant cookie consent banner on your website.
  • Data Subject Access: Establish procedures for handling data subject access requests, allowing individuals to access, rectify, or erase their personal data.
  • International Business Considerations: Be aware that GDPR applies if you are marketing to anyone within the EU.
Technical article

Documentation from Termly details GDPR compliance requirements for websites, including privacy policies, cookie consent banners, and data subject access requests.

November 2023 - Termly
Technical article

Documentation from IT Governance explains that GDPR broadened the definition of personal data to include online identifiers like IP addresses and cookies, impacting how websites track users.

January 2023 - IT Governance
Technical article

Documentation from Europa.eu answers that GDPR unifies data protection rules across the EU, giving people more control over their personal data and simplifying regulations for international business.

December 2024 - Europa.eu
Technical article

Documentation from ICO explains that GDPR requires organizations to have a lawful basis for processing personal data for direct marketing purposes, such as consent or legitimate interests.

July 2024 - ICO

Related resources
5Resources

How does the GDPR affect email? - GDPR.eu
How does the GDPR affect email? - GDPR.eu

The GDPR requires organizations to protect personal data in all its forms. It also changes the rules of consent and strengthens people’s privacy rights. In this article, we’ll explain...

GDPR.eu
Email Marketing Under GDPR: Impact & Best Practices - Securiti
Email Marketing Under GDPR: Impact & Best Practices - Securiti

GDPR directly affects email marketing. Under GDPR guidelines, email marketing requires obtaining consent that is freely given, specific, informed, and unambiguous (Article 32).

Securiti
Why it's crucial to ensure email marketing is GDPR compliant
Why it's crucial to ensure email marketing is GDPR compliant

GDPREU with expert advice on email marketing and compliance, including what it means for data collation, erasure, processing and how it relates to marketing

GDPR EU
GDPR Compliant Email Marketing Solution - Mailing lists and ...
GDPR Compliant Email Marketing Solution - Mailing lists and ...

Email marketing under GDPR essentially means that you need to collect freely given, specific, informed consent adopt new practices.

Mailjet
The 'GDPR effect' on email marketing – was it all worth it? | Smart ...
The 'GDPR effect' on email marketing – was it all worth it? | Smart ...

The DMA’s head of insight, Tim Bond, discusses why its research points towards the GDPR having a positive impact on the relationship between consumers and brands

Smart Insights

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