GDPR Email Marketing: Risks and Compliance Best Practices

To create effective campaigns that stand out amidst the multitude of choices available to consumers, marketers within organizations must establish clear and direct communication with their prospective audience. One of the most effective ways to achieve this is through email marketing. Organizations can deliver a wealth of promotional content and incentives to capture users' attention amid the deluge of emails in their inboxes. However, before the General Data Protection Regulation (GDPR) came into effect, businesses could send unsolicited emails to anyone they pleased without requiring the recipient's consent. This led to a lot of spam emails and other unwanted messages. 

The GDPR was introduced to rectify this issue by making obtaining the data subject's consent a foundational legal requirement for processing personal data, especially in the context of advertising and marketing. This regulation is aimed at safeguarding users' right to data privacy, extending to when and how organizations can engage with potential customers via email.

When conducted with care and strategy, email marketing can deliver significant advantages for businesses. According to the State of Email Marketing 2023 report by Litmus:

• 80% of marketers agree that email marketing is an important part of their overall marketing strategy.
• 64% of marketers say that email marketing is their most effective marketing channel.
• 73% of marketers say that email marketing has helped them to increase brand awareness.
• 74% of marketers say that email marketing has helped them to improve customer engagement.
• 72% of marketers say that email marketing has helped them to increase revenue.

The report also found that personalized and highly targeted email campaigns are more effective than generic campaigns. However, just like all marketing tactics, sending marketing emails without consent can carry several risks, including:

• Hefty Fines: The GDPR enforced by the European Union can impose substantial financial penalties. Non-compliance, especially when sending emails without proper consent, can result in fines of up to 4% of your global annual turnover or €20 million, whichever is higher.
• Reputation and Credibility Damage: Unsolicited emails can harm a company's reputation. Recipients tend to get annoyed and lose trust in the brand, causing potential damage to the credibility of the business.
• Increased Customer Churn: Sending unsolicited emails can lead customers to unsubscribe from the mailing list or even cease doing business with the company. This can translate to reduced revenue and lower customer engagement.
• Legal Consequences: Legal actions may be taken against the organization by recipients of unsolicited emails. This can result in considerable legal costs and potential damages to be paid.

In the age of data privacy, mishandling customer information can have serious consequences. Two primary risks in this context are data breaches and unauthorized sharing of personal data. GDPR violations can result in significant financial penalties. Oftentimes, these penalties can be especially devastating for small businesses. In recent years, several notable companies experienced data breaches for misconduct in email marketing practices:

• Österreichische Post, Austria's largest postal service, was fined €9 million ($10.23 million) for violating the GDPR by not accepting email for data subject rights requests. The company offered several ways for individuals to submit these requests, including a web form, mail, and phone numbers. However, the Austrian Data Protection Authority (DPA) found that the Austrian Post was violating the GDPR by not accepting email as a valid means of communication for rights requests.
• TikTok was fined €345 million by the Irish Data Protection Commission (DPC) for violating the GDPR in its email marketing practices. The DPC found that TikTok had failed to obtain proper consent from users before sending them marketing emails and that it had not provided clear information about how users could unsubscribe from its email list.
• Google was fined €60 million by the Carte Nationale d'Identité (CNIL) for violating the GDPR in its email marketing practices. The CNIL found that Google had failed to obtain proper consent from users before sending them marketing emails and that it had not provided clear information about how users could unsubscribe from its email list.

It’s incredibly crucial for organizations to prioritize flexibility and responsiveness when addressing data subject rights requests, irrespective of the chosen communication channel, in order to uphold their GDPR obligations and demonstrate a respectful and compliant commitment to data privacy.

Email marketers must adhere to the GDPR policies to ensure they are in line with regulations. By following these practices, businesses can help to ensure that their email marketing campaigns comply with the GDPR and that they are respecting the privacy of their customers.

Related topic: heyData employee compliance training 

The rise in violations and the substantial penalties imposed in recent times underscore the increasing importance of consent and transparency. However, it is encouraging to see European authorities actively enforcing the law and imposing fines more frequently than ever before.

While email marketing can be a valuable tool for business growth, it's essential to conduct it with care and in compliance with relevant regulations to avoid the risks that can negatively impact your company's financial health and reputation.