Note: This article is intended to give some general recommendations and is not legal advice.
The General Data Protection Regulation (GDPR) establishes requirements for companies that collect, use, and share data from individuals residing in the European Union, United Kingdom and Switzerland (European Territories), and this includes email marketing.
Other online activities using cookies, such as interest-based advertising, are also subject to the existing ePrivacy Directive (also known as the Cookie Directive). Under these regulations, websites must now gather more robust consent before placing cookies on and sending marketing emails to users from European Territories.
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Some aspects of GDPR
Note: this list isn’t exhaustive, and shouldn’t be used as legal advice.
From the perspective of email marketing, there are a few things that e-marketers should consider when marketing to individuals residing in European Territories (among others):
- Opt-in consent is required before you can send someone an email. However, you may have some flexibility on choosing between single or double opt-in; choose the one that is best for your program.
- Make it clear what content the person is signing up for. For example, if you are intending to send them newsletters in addition to a discount code, indicate this on the form at the time the person is submitting their details to subscribe.
- Any checkbox on a signup form, that also subscribes a person to an email list, must be unchecked by default.
- Unsubscribing from marketing emails should be simple.
- The person must be shown a link to your privacy notice at the time of submitting their details.
- And be sure to work with your legal team to review any other aspects of GDPR which may be specific to your program.