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