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If you work in the email marketing industry, you probably don't need an introduction to GDPR. In the months leading up to its implementation, a little over three years ago, all we did was talk about it. However, a lot has happened since GDPR compliance first became an issue. So it's worth going back through the regulations, seeing what has changed and reminding ourselves why it's so important that we all stay GDPR compliant.

The General Data Protection Regulation (GDPR) shattered everyone's email inbox in 2018 when the European Union (EU) introduced it as part of sweeping reforms that govern how organizations collect and manage EU citizens' personal data and protect.

What types of data require GDPR compliance?

Although the scope of the GDPR is broad, “data” can refer to anything that is used to identify an individual, such as a name, address, banking details, health records or a photograph. For email marketers, the focus of GDPR is on allowing people to contact people via their email addresses.

GDPR compliance should not have caused problems for any serious email marketer. Permission marketing is, after all, a pillar of email success and is already governed by existing anti-spam laws around the world, such as the US CAN-SPAM Act of 2003 and Canada's CASL, passed in 2014 power came.

Still, many email marketers treated the perception of consent lightly. If a person had provided their email address when making a purchase or simply requesting information from an organization, this was considered consent.

And let's not forget the practice of buying data or obtaining data in other ways. For many years, parts of the email marketing industry resembled the Wild West of the marketing world.

First challenges in complying with the GDPR

GDPR changed the rules by requiring list owners to prove that full permission was given and the email addresses were not simply purchased. While these rules only covered email addresses of citizens in the European Union, it highlighted another problem: many list owners had no idea where their subscribers lived.

The fact is that if you did business with a citizen of an EU state, you had to comply with the GDPR (whether you knew it or not). This has left many companies more than unsettled and some have actually started blocking their websites from visitors from EU countries.

And so it was with a certain irony that in the months before the implementation of the regulation, which was intended, among other things, to reduce the number of unsolicited emails, millions of emails were sent asking “subscribers” to confirm their consent became.

Current GDPR violations and fines

Marketers had every reason to be afraid of GDPR non-compliance. The EU threatened to impose heavy fines on organizations that did not comply. These fines can be up to 20 million euros or up to 4% of an organization's global turnover in the previous financial year, whichever is greater.

Even before the implementation of the GDPR, the EU had the opportunity to take action against large organizations that did not follow its rules. Intel and Microsoft had previously felt the wrath of the EU for abusing their market dominance, receiving fines of €1.06 billion and €1.46 billion respectively.

To prove that the EU is not making empty threats by promising heavy fines for GDPR violations, it has already knocked on the doors of several large organizations.

While many of the more serious fines have come with data breaches (British Airways – €22 million, Marriott – €20 million), several companies have received more than a slap in the face for their questionable marketing activities.

An Italian telecommunications company was fined €17 million for sending spam to people without their consent and providing false contact details so consumers couldn't unsubscribe from its lists. Likewise, a German health insurance company was fined €1.24 million for using its customers' personal data, including health insurance data, for marketing activities without their consent. In some cases, to make matters worse, they had tried to get permission from their customers and continued when it wasn't given.

How GDPR affected email marketing

GDPR was just the latest unwarranted concern in a long line of so-called “email killers” that have ultimately led to a dramatic improvement in the channel. The fear of fines made email marketers more honest and improved their best practices.

While GDPR compliance hasn't completely eliminated email spam (career criminals don't really care about the threat of fines), the various email clients were already doing a pretty good job of identifying the worst offenders and blocking them. This meant that it suddenly became easier for the consumer to find breathing room in their email inbox.

Navigating inboxes suddenly became easier as irrelevant and unwanted commercial emails disappeared overnight. This meant that marketers didn't have to compete in such a crowded environment. Consumers could trust that the emails they receive are relevant, engaging, and timely enough that they care.

GDPR and Brexit: What impact did that have?

There is a long and a short answer to this question. The short answer is not much. The long answer recommends seeking professional legal advice (which this article almost certainly does not provide) if you are still unsure about the GDPR.

Of course, a lot has happened in the European Union since the introduction of the GDPR. This is particularly true in the English-speaking part of the continent with the United Kingdom’s “Brexit” from the European Union.

Brexit does not mean that email marketers operating in or targeting consumers in the UK can suddenly relax about GDPR.

While the EU version of the GDPR no longer applies to the UK, the UK government has created its own version of the regulation, imaginatively titled “UK GDPR”. If you want to find out all the details of the UK GDPR, you can check out this helpful guide from the UK Information Commissioner's Office (ICO).

However, for the purposes of email marketing, broadly the same rules apply as in the EU and the potential fines are just as high.

Also remember that the old rules still apply when targeting EU citizens.

GDPR Compliance: A Refresher for Email Marketers

Consent is central to both the EU and UK versions of the GDPR. The following bullet points are intended to keep you informed.

Positive opt-in

Consent in email marketing requires a positive opt-in from the consumer. It's not okay to use a pre-checked box or add contact information to your list just because they purchased something. It's also important to remember; Consent should not be viewed as a prerequisite for offering a service.

Declaration of consent

Express consent requires a clear and specific consent statement that explains exactly what you will do with a consumer's data and what they can expect in return for their consent. Your consent form should also include details of any third parties with whom you share data.

Terms and Conditions

Consent requests should be kept separate from other terms and conditions.

Non-transferable

Consent is not transferable to any other product or service you offer. There is no blanket consent.

Document everything

Proof of consent must be retained showing who, when, how and what you told people.

Revoke consent

It should be easy for consumers to withdraw their consent and you must explain to them how.

Again, the UK ICO provides a useful checklist to help you comply.

Delivering the best email experience

GDPR compliance forced many email marketers to thoroughly examine their operations and adhere to industry best practices that they had likely been paying lip service to for years.

While GDPR may have been daunting at the time of its introduction, it has made us all better email marketers by focusing on what should be the industry's core mantra: Send the right message to the right person at the right time.

There's nothing better than email marketing when done right, and that's why it's always worth taking the time to ensure that every campaign you send achieves its goal.

Email on Acid's pre-deployment service, which checks your campaigns for issues related to inbox display, email accessibility, image validation, links, and spelling, is just the first step every email marketing professional needs should undertake to ensure the quality of its results.

Since your GDPR compliant email lists may now be much more targeted (smaller) than before, email deliverability is also an important consideration. If a significant number of your emails are incorrectly routed to spam folders, your campaigns will never be truly optimized.

With most ESPs, you won't know about spam problems until after you click the Send button. However, with the deliverability features of Email on Acid's automated deliverability checklist, any deliverability issues are identified before sending, meaning more of your emails arrive as intended. Has GDPR compliance made you a better email marketer? Let us know in the comments section below.

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Author: John W. Hayes (freelance writer)

John W. Hayes is a marketing strategist and author who has been helping companies develop their online marketing strategies for more than 20 years. Working with some of the biggest names in e-commerce and online marketing, he has dedicated much of his career to demystifying the internet and highlighting growth opportunities for businesses. He is the author of five books and is widely recognized as an influential thought leader in content, email and social media marketing.

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