3 myths about GDPR and Email Marketing
The European Privacy Policy (GDPR) has been in force since 25 May. It is no secret that its implementation has caused great disruption to business organizations, which it found unprepared. At the same time, contradictory views and interpretations of the Regulation have been published, which further enhance confusion. Today we are dealing with three widespread myths about the Regulation and Email Marketing.
Firstly, we must stress that the turmoil surrounding the application of the Rules of Procedure is not just a Greek phenomenon. Throughout Europe and beyond, there are different views and open protests over the implementation of the Regulation. For example, in Germany, a big market with giant companies, such a wave of discontent and protest was created, so Chancellor Angela Merkel was forced to publicly intervenes and leave open for possible extension or amendments to the Rules of Procedure – how far this is feasible in a law passed by 28 states, which had two years to prepare, is another issue tion.
As far as Greece is concerned, the new Regulation has not found unprepared only individuals, but also the State itself. Greece belongs with seven other countries to those that have not yet incorporated the Regulation into its legislation. As stated in our previous article, the public consultation on the bill has been completed but has not been House to vote.
Under these circumstances, it is reasonable to have a climate of confusion and panic among all those involved in Digital Marketing. Especially those who use Email Marketing have many questions about adjusting to the new Regulation and the impact they will have on their marketing strategy.
In our previous article , we briefed you on the key points you need to know about GDPR and how to adapt to new data. As a logic, there are still many questions that cause questions and misunderstandings. Contacts with our customers have recently confirmed this.
We are now breaking down three widespread myths about GDPR and Email Marketing. We recall that the following are not legal advice and it is advisable to seek legal and responsible counseling for your business to comply with Regulation .
Myth 1 st: I need to send a new email to all my existing subscribers to regain my consent.
This is the most widespread legend, according to which you must ask for the consent of all your subscribers to comply with the regulation.
This is neither right nor wrong. If we have to give an answer, this is: it depends.
It depends on whether you need the consent to prove the legitimacy of the communication or have other reasons for it, according to GDPR.
If you rely on the consent of your subscribers, e.g. to send promotional emails for your services or products, you should have three questions:
- How and when did my subscribers register and how can I prove it?
- In my registration form I referred to the terms of use of their personal data and is it understandable what content they will receive? Can I prove it?
- Can my subscribers be deleted from my list?
As to the first question, in order to prove consent, you must have archived:
- The registration day and time , e.g. via your site’s management system or sending a confirmation email.
- How to sign up e.g. through a form on your website and the appropriate application.
- A mechanism for generating and aggregating data , e.g. for a registration form on your website an image or file of the registration form.
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To prove that you have fully explained your terms of use, please keep a record file or image of the registration form where the above points will appear.
Finally, for the third question, it’s enough to have a deletion link in your email in your email.
If you have answered the above three questions positively, then you have no problem and you do not have to do anything: you can continue to send regular email to your subscribers.
But if you responded negatively to one, then you have two possibilities:
a) Re-send a consent email, as already mentioned.
b) Delete subscribers from your list.
Myth 2 nd: I have to add checkboxes for GDPR to the email registration forms.
Another myth circulating is that you need to add checkboxes to the email registration forms. These will be accompanied by a text or link and will indicate that the registration is in accordance with GDPR, and which the user will tear if he wants to subscribe to your list.
This is wrong. The regulation does not require the creation of such checkboxes anywhere. What he explicitly mentions, however, is that you need to explain simply and comprehensibly how to use the user’s data and for what purpose. This can be done with a small sentence or a link to the email signup form that will lead to your privacy policy. If you still want to place checkboxes, make sure is not pre-filled as well the Regulation requires active user consent .
Myth 3 rd: There will be a grace period for the implementation of the Regulation
As mentioned above, the implementation of the Regulation found the majority of businesses and organizations unprepared, although two years of adaptation to it had been foreseen since its vote in 2016. This event fed into scenarios of extending its implementation, not only in Europe and in Greece (eg here ).
And although the Rules of Procedure have not yet been enacted by the Greek Government, which can be referred to the European Court of Justice for this too, it is normally the case for all EU countries and of course here. Just a few days ago, the European Commission has ruled out an extension . Whatever happens, you must continue to comply with the Rules.
Conclusion
The new Regulation creates new data in Digital Marketing and also affects mass mailing. This is no reason either for panic or for hasty moves. Anyone who follows the established Email Marketing practices that are in line with the law has nothing to fear. That’s why we recommend a quest for professional advice to take advantage of the new regulation and business and email marketing strategy.
We will let you know through the EmailSYSTEM blog for all the news and developments on GDPR and Email Marketing.
