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Do you make this one mistake when sending marketing emails?

Email marketing can really make a difference on your marketing strategy. You can reach more people and create a more personal relationship with your users. 

However, there’s one common mistake that marketers do…

email marketing mistakes

Do you have your users’ VALID consent?

Your newsletter may be creative, informative and strategic, but it’s useless if you don’t have your users’ consent, because you can’t send it. 

Emails are personal data to every extent. So, whenever dealing with e-mail addresses, privacy laws are triggered and there are some rules you need to follow. 

Let’s have a quick look at EU and US law.

European law 🇪🇺 🇬🇧

Under the GDPR, it’s mandatory that you get the informed consent of the user before sending them marketing emails. Under EU regulations, acquiring consent can be considered a three-part process:

  • Informing – Your user must be fully informed (details about why and how you use their info and their rights should be in your privacy policy) 
  • Getting opt-in consent via a clear affirmative action (like a checkbox)
  • GDPR proofs of consent – You must be able to prove valid consent

US law 🇺🇸

Even if you’re based in the US but have European users, you’ll need to follow the rules mentioned above.

Only have US-based subscribers?

Under the Federal CAN-SPAM Act, you do not need consent before adding users located in the US to your mailing list or sending them commercial messages. However, if they don’t want to receive your emails anymore, you must provide users with a clear means of opting out.

Also, consider that US-based laws like the California Online Privacy Protection Act (CalOPPA) require you to always make an up-to-date privacy policy available on your site so that users are informed. This policy should include a clause on your email marketing activities.

You’re right, I’m making this mistake: how do I fix it?

It’s easier than you think. There are three main steps:

Update your forms and emails to ask for consent the right way → Use this guide

Make sure your privacy policy includes ALL necessary disclosures (including the email marketing clause!) → Generate one in minutes with iubenda (see below)

Keep GDPR consent proofs! This one is important, as without proofs of consent, the consent you collect for your forms can be considered invalid – putting your email lists at risk → Our Consent Database makes recording consent automatic and pain-free.

Fix this mistake in minutes

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Attorney-level solutions to make your websites and apps compliant with the law across multiple countries and legislations.


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