How often do you think about GDPR? The truth is, you probably don’t think about it as often as you should.
You’re not alone, though. This year many organizations have received multi-million-euro fines for failing to comply.
Don’t panic. If you suspect your GDPR knowledge and compliance are lacking, then now is the time to catch up and get your policies up to scratch. Complying with GDPR rules is simple but vital.
In this blog post, we’ll dive deep into the nitty-gritty of GDPR policies to tell you exactly what you need to know. From the main rules, how it applies to email marketing, and the consequences if you don’t comply.
What are the main rules?
Since businesses began moving online, data protection within email marketing has become a priority. Whether you work with EU customers, or you’re based in the UK, you have likely heard of either GDPR or the UK Data Protection Act (2018).
These laws provide guidance for all businesses to keep their data safe and avoid prosecution. Despite some minor differences between the two, most regulations included within these laws are the same. The main rules are as follows:
- For compliant data processing, the user must be informed on how the data is being processed and held in line with GDPR.
- The data collected should only be used for the specified, legitimate reason that the individual consented to.
- When collecting data, the minimum amount possible to send communications should be collected.
- Data being held should be relevant, or ‘accurate’, to the purpose for which it was collected. Where data is inaccurate for the specified purpose, it must be erased or rectified as soon as possible.
- Data can be kept for as long as is necessary for the purpose it was collected for. If this data needs to be held for longer periods than initially thought, then the business must adhere to further rules and guidelines within the policy.
- It is the business’s job to ensure the security of personal data; this includes protection against unauthorized or unlawful processing as well as accidental loss, destruction, or damage.
- The controller of the data shall also be responsible for and able to show compliance with, following the regulations.
How does it apply to email marketing?
We’ll start simple: if you’re sending emails, what do you need to build a contact list? Data!
How you acquire this data is the first step to GDPR compliance. You must have the recipient's consent to store and use their data. You can get this consent using a sign-up form for an e-newsletter or an opt-in tick box on a different pop-up. When opting in, the subscriber understands exactly what they’re signing up for and the T&Cs of doing so. You must fully explain your duty to handle the data, what you’re going to do with it, and the opt-out process.
We recommend using the ”double opt-in” method to build a contact list. This is where a subscriber receives an email to confirm their consent once they’ve completed your consent form. This ensures that only the contacts in your list that confirm receive communications from you. This adds an additional layer of protection for your business as you can clearly show that consent was obtained.
Only the UK Data Protection Act allows businesses to use a ‘soft opt-in’. This means sending emails using customer data that was collected when a customer made a purchase or showed active intent to do so. For existing customers, the marketing materials you send must be relevant to the product or service they bought. Active intent is often misinterpreted; someone browsing your website does not show active intent, so you cannot add them to a contact list. Actions such as adding items to a cart are a perfect example of active intent; this means you can send the individual abandoned cart emails to encourage the final purchase or marketing relevant to the product they were going to buy.
Secure data handling is a key part of GDPR, as it’s the business's responsibility to keep all data stored securely. For systems handling personal data, you need to put further measures in place, such as two-factor authentication, to prevent cybercriminals from accessing data using stolen passwords. This also means you need to keep up to date on your subscriber lists, checking each list has the correct consenting contacts, deleting lists for expired campaigns, and removing unsubscribed contacts. Our users can integrate their email marketing with Capsule CRM to simplify data handling and GDPR compliance.
Making unsubscribing simple
It’s required for every email or marketing communication to give the recipient the option to unsubscribe or opt out. This is vital for adhering to the policy, but it also has a significant impact on the user experience.
There’s no point trying to coerce your subscribers into staying subscribed. Hiding the opt-out link or making the process incredibly long-winded only serves to end the relationship with the subscriber on a sour note. This increases the chance of individuals never consenting to receive emails from you in the future, or worse, prevents them from becoming a customer.
What happens if you fail to comply?
The consequences of failing to comply with GDPR can be devastating for a lot of businesses. At the least, you’ll be prosecuted with some hefty fines. Those found to be breaching GDPR can be fined up to 20 million euros or 4% of their annual global turnover, whichever is larger. The ICO has enforced this far more in recent years, with companies frequently being fined for GDPR breaches for sending unsolicited marketing to consumers.
These fines can spell financial ruin, which many businesses don’t survive. Those who do continue operations face reputational damage, which reduces the number of people wanting to work with them and stagnates business growth.
How can Transpond help?
At Transpond, we’re committed to simplifying email marketing, and GDPR is no exception to this. Using our easy-use software, you can create sign-up forms to suit your branding while using the relevant information to ensure informed consent, with the option to send a follow-up email to the subscriber to confirm their email. Our customizable templates include clear unsubscribe links to ensure compliance, as well as our drag-and-drop campaign builder, which has an ‘unsubscribe block’ you can add to the end of your email.
Managing data protection is also simple using our Capsule CRM integration; this makes managing contacts within the boundaries of GDPR simple. This simplifies data handling by allowing clear communication between the two platforms, meaning your subscriber lists are never out of date and any unsubscribers are automatically removed. There’s countless benefits outside of GDPR that make integrating Transpond with Capsule a no-brainer. Find out how you can stay compliant and get the most out of your email marketing here.