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GDPR Email Compliance: What Marketers Must Know

Emma Schultz
December 10, 2024
13 min read
5 sections

GDPR Basics for Email

The General Data Protection Regulation (GDPR) applies to any organization that processes personal data of EU residents, regardless of where the organization is based. For email marketers, this means if you have even one subscriber in the EU, GDPR applies to your email program.

Key GDPR principles relevant to email:

  • Lawfulness — you need a legal basis to send emails (usually consent)
  • Purpose limitation — you can only use data for the purpose it was collected
  • Data minimization — only collect data you actually need
  • Accuracy — keep subscriber data up to date
  • Storage limitation — do not keep data longer than necessary
  • Accountability — you must be able to demonstrate compliance

GDPR consent for marketing emails must be:

  • Freely given — not bundled with other terms or forced as a condition of service
  • Specific — clearly state what they are consenting to receive
  • Informed — identify who will be sending emails and why
  • Unambiguous — require a clear affirmative action (no pre-checked boxes)

What this means in practice:

  • Use unchecked opt-in checkboxes on forms
  • Separate marketing consent from terms of service acceptance
  • Keep records of when and how consent was given
  • Provide easy unsubscribe in every email
  • Honor unsubscribe requests within 30 days (best practice: immediately)

Data Subject Rights

GDPR grants EU residents specific rights over their personal data. As an email sender, you must be able to fulfill:

  • Right of access — provide a copy of all personal data you hold about a subscriber
  • Right to rectification — correct inaccurate data when requested
  • Right to erasure — delete all data about a subscriber when requested ("right to be forgotten")
  • Right to data portability — provide data in a machine-readable format
  • Right to object — stop processing data when a subscriber objects

You have 30 days to respond to any data subject request. Build processes now so you can respond efficiently when requests arrive.

Documentation Requirements

GDPR requires you to document your data processing activities. For email marketing, maintain records of:

  • What personal data you collect and why
  • How and when consent was obtained for each subscriber
  • Who has access to subscriber data
  • What third parties (ESPs, analytics tools) process subscriber data
  • Your data retention policy
  • Your data breach notification procedures

Practical Compliance Checklist

  • Audit all email signup forms for proper consent language
  • Implement double opt-in for EU subscribers
  • Store consent records with timestamps
  • Review and update your privacy policy
  • Ensure your ESP has a Data Processing Agreement (DPA) in place
  • Create processes for handling data subject requests
  • Add clear unsubscribe links to every marketing email
  • Document your email data processing activities
  • Train your team on GDPR obligations
  • Review third-party integrations that access subscriber data

Compliance is not a one-time task — review your practices quarterly as regulations and interpretations evolve.