When a data breach occurs, companies face a significant challenge in notifying affected users without compromising their email deliverability. This situation often involves sending critical, time-sensitive information to an entire database, including potentially inactive or unsubscribed addresses, which can trigger spam filters and damage sender reputation. Balancing legal obligations to inform users with the need to maintain a healthy sending infrastructure requires careful strategy and execution. Neglecting deliverability best practices during such a critical period can lead to emails landing in spam folders or being blocklisted, preventing vital breach notifications from reaching their intended recipients.
Key findings
Targeted communication: Only individuals whose data was directly stolen or accessed must be contacted, though businesses may choose to inform broader segments.
Legal obligations: Companies have legal duties to notify individuals about data breaches, but the specific requirements can vary by jurisdiction. Always consult with legal counsel to ensure compliance.
Deliverability risks: Sending to inactive or unengaged email addresses, even for critical notifications, significantly increases the risk of bounces, spam complaints, and blocklistings.
Proactive measures: Giving internet service providers (ISPs) a heads-up about a large, unusual send volume can help mitigate deliverability issues, though it is not a guarantee.
Key considerations
Gradual sending: Implement a staggered sending approach, starting with the most engaged contacts and gradually expanding to less active segments. This helps preserve your sender reputation.
Clear communication: Data breach emails should be clear, concise, and contain no calls to action or unnecessary links. The primary goal is to inform, not to market.
Alternative notification methods: Consider physical mail or other communication channels for inactive or unsubscribed users, especially if email poses a significant deliverability risk. Review the Federal Trade Commission's guide on data breach response for comprehensive advice.
Dedicated sending infrastructure: For very large lists or sensitive communications, consider using a dedicated IP address or a distinct subdomain (e.g., breach.yourdomain.com) to insulate your main sending reputation. This can help expedite email delisting if issues arise. To re-engage stale subscribers post-breach, a separate strategy might be needed.
What email marketers say
Email marketers grappling with data breach notifications often find themselves in a challenging position, balancing the need to inform all affected users with the critical importance of maintaining a healthy sender reputation. The discussion among marketers frequently revolves around the risks associated with emailing unengaged segments of a list and practical strategies to minimize deliverability fallout during such sensitive communications.
Key opinions
Risk of inactive lists: Marketers frequently highlight that sending to old, inactive, or unsubscribed addresses (even for data breaches) is a significant deliverability landmine.
Legal vs. deliverability: There's a perceived 'catch-22' between the legal obligation to inform an entire database and the practical deliverability challenges this presents.
Proactive ISP outreach: Many suggest that notifying ISPs in advance about a large, unusual send can help soften the impact on sender reputation.
Data retention issues: The existence of old, non-deleted client data on platforms is seen as a root cause of such deliverability predicaments during breaches.
Key considerations
Batch sending strategy: Send data breach notifications slowly and in batches, prioritizing the most active segments of the list first to minimize deliverability issues. This is a key step in sending to a large, unengaged email list.
Content simplicity: The email message should be very clear, without any call to action or extraneous links, focusing solely on the breach notification. This simple approach helps avoid phishing warnings.
Dedicated sending identity: Consider using a dedicated IP or a specific subdomain (e.g., breach.yourdomain.com) for these communications to isolate potential deliverability damage from your regular marketing sends.
Legal and ESP collaboration: Always involve legal teams and your Email Service Provider (ESP) in the planning process to navigate legal requirements and technical deliverability challenges effectively. Understanding when you should report a data breach is paramount.
Marketer view
Email marketer from Email Geeks notes the dilemma of having to email inactive and unsubscribed users about a data breach, acknowledging the deliverability challenges this presents. They questioned the necessity and method of such broad communication.
04 Aug 2020 - Email Geeks
Marketer view
Email marketer from Email Geeks advises that only individuals whose data was directly compromised in the breach need to be contacted. They also emphasize that email is just one of several possible notification methods.
04 Aug 2020 - Email Geeks
What the experts say
Deliverability experts provide invaluable insights into navigating the complexities of data breach notifications. Their opinions often focus on the technical nuances of email sending during crisis, emphasizing the delicate balance between legal compliance and maintaining a strong sender reputation. They stress the long-term impacts of mishandling such communications on future email programs.
Key opinions
Prioritize critical information: Expert consensus is to keep data breach emails strictly informative, avoiding marketing content or unnecessary links that could trigger spam filters.
Reputation risk: Sending sudden, high volumes to unengaged lists, even for legitimate reasons, can severely damage IP and domain reputation, leading to long-term deliverability problems and potentially adding your domain to a blacklist or blocklist.
Legal vs. technical: Experts acknowledge the tension between legal notification requirements and the technical realities of email deliverability, suggesting a need for careful negotiation between these two priorities.
Proactive ISP communication: Engaging with mailbox providers in advance is seen as a prudent step to explain the nature of the upcoming send and potentially secure better inbox placement, though success isn't guaranteed.
Key considerations
List hygiene: Before any broad notification, thoroughly clean your list. Remove known hard bounces and addresses that have shown no engagement for years to minimize immediate deliverability fallout. Regularly checking your email blocklist status is important.
Sending strategy: Utilize a phased sending approach, starting with your most active and engaged audience before gradually expanding to broader, less engaged segments. This helps to protect your sender reputation and avoid your domain being placed on a blacklist.
Dedicated infrastructure: For critical notifications to a large or unengaged audience, consider a separate IP or subdomain to preserve the reputation of your primary sending infrastructure.
Guidance from experts: Consulting with deliverability experts or referring to established guides, such as the one from EmailKarma.net, can provide valuable strategic advice for breach communications.
Expert view
Deliverability expert from Email Geeks suggests exploring existing resources and guides for practical ideas on handling data breaches effectively. This emphasizes the importance of leveraging collective knowledge in crisis situations.
04 Aug 2020 - Email Geeks
Expert view
Deliverability expert from SpamResource suggests that sending to an old, unengaged list, even for a critical notification like a data breach, still carries significant deliverability risks, including hitting spam traps and increased complaint rates.
20 May 2024 - SpamResource
What the documentation says
Official documentation and security resources provide critical guidance on the legal and technical requirements for responding to data breaches, including how and when to notify affected individuals. They outline definitions of data breaches, recommended actions for businesses, and tools individuals can use to check their exposure. This information forms the foundation for any compliant and effective data breach communication strategy.
Key findings
Definition of data breach: A data breach is defined as the unauthorized exposure of confidential, private, protected, or sensitive information to unathorized individuals.
Email's role in breaches: Cybercriminals frequently leverage email to penetrate systems, leading to data breaches, and email security breaches occur when unauthorized access to email accounts or interception of communications happens.
Notification content: Notifications should clearly describe the breach, actions taken to remedy the situation, and steps being implemented to protect affected individuals.
User self-checking: Tools exist for individuals to check if their email addresses have been exposed in data breaches, empowering users to take personal action.
Key considerations
Comprehensive response: Ensure your data breach response plan is holistic, addressing not only notification but also remediation and future prevention. This includes strengthening email authentication (DMARC, SPF, DKIM).
Clear action for users: Provide clear, actionable advice for affected users, such as changing passwords, enabling two-factor authentication, and monitoring other accounts. Guide users on how to prevent and identify phishing emails.
Timely notification: Be aware of the legal timelines for breach notifications, which vary by regulation and jurisdiction, to avoid penalties.
Utilize verification tools: While not directly for sending, understanding tools like Have I Been Pwned can help gauge the scope and urgency of a notification by identifying compromised accounts.
Technical article
Security documentation from Federal Trade Commission advises that data breach responses must explicitly detail the remedial actions taken and the protective measures implemented. This ensures transparency and helps rebuild trust with affected individuals.
01 Jan 2024 - Federal Trade Commission
Technical article
Security documentation from Fortinet clarifies that email security breaches specifically involve unauthorized individuals gaining access to an organization's email accounts or intercepting email communications. This highlights email as a primary vector for security incidents.