An Email Marketer's Guide to Data Privacy Regulations
The General Data Protection Regulation (GDPR), implemented in 2018 by the European Union, marked a significant milestone in the realm of data privacy. However, it is widely acknowledged that GDPR was only the beginning of a global shift towards more comprehensive and stringent data protection regulations—many of which may impact email marketing. In the wake of GDPR’s success, a growing number of states in the US have introduced new regulations that may influence how email marketers collect, process, and manage customer data.
So how can email marketers adapt to this trend?
Aligning Email Marketing with Data Privacy Regulations
Most of these regulations protect consumers’ right to be informed about and access any personal data an organization has collected. They can also ask organizations to delete this data and opt out of the sale or use of this data for targeted advertising.
Some of the regulations include requirements for affirmative opt-in and consent to collect and use a recipient’s data (which includes the information you collect to send emails).
Data minimization is a trend throughout many comprehensive privacy laws, so it is best practice to only collect the data that is absolutely necessary and the data that you do keep needs to be securely protected.
Data Privacy Considerations for Email Marketers
Whether or not your organization is located in any of the states with privacy laws you likely have recipients who are – and other states are likely to pass similar regulations in the future. So, it’s good practice to discuss these regulations with your legal counsel and consider the following:
Email Opt-In, Consent, and Permission
Affirmative opt–in and/or Double opt-in is just a good idea at this point. Not only does it align with regulations that are or might be on the way, it also means you’re only emailing people who want to be emailed. Obtain explicit and informed consent from individuals before collecting and using their personal data for email marketing purposes and ensure you have clear statements about how data will be used, giving individuals the option to opt in or opt out.
Responsible Data Handling
Regulations require marketers to implement robust data handling practices, including secure storage, limited data retention periods, and measures to prevent unauthorized access. Marketers need to be transparent about their data processing activities and provide mechanisms for individuals to access, correct, or delete their data.
Careful Email Targeting and Personalization
Personalization is great, but marketers must be careful about what personal information they include in recipient emails. Using overly personal information without explicit consent can violate privacy regulations, so it’s essential to strike a balance between personalization and respecting individuals’ privacy rights.
Have a Data Breach Notification Plan
Regulations often mandate prompt notification to authorities and affected individuals in the event of a data breach. Email marketers need to have contingency plans in place to respond quickly and effectively to such incidents, minimizing the impact on both individuals and their organizations.
Global Compliance
As data privacy regulations continue to evolve globally, email marketers operating in different regions must stay informed and compliant with various
legal frameworks. This requires adapting strategies and practices to meet the specific requirements of each jurisdiction.
Vet Your Third-Party Partners
Email marketers often collaborate with third–party service providers. Regulations necessitate that marketers ensure these partners adhere to the same data protection standards, emphasizing the importance of due diligence in vendor selection and management.
Compliance is the Bare Minimum
Understanding data privacy trends is more than just about adhering to the law (though that’s necessity). Aligning with best practices helps build trust with your members, who are increasingly aware of and concerned about the privacy and security of their personal information.
