What is GDPR, and how will it affect my email marketing?
This video is all about GDPR and how it relates to Email Marketing. GDPR stands for General Data Protection Regulation. It is a new law that comes into effect on the 25th of May 2018. This new law relates to how EU citizens’ private data is stored and used by a business operating within the European Union, even if we do eventually leave the EU. The government have said that we will take on this new law. GDPR is set to replace the current 1998 Data protection act. Whilst the new law is certainly similar in scope to the current data protection act, it is much more specific in how citizens data can be stored and used. The finds that have been found in breach are significantly larger; however, it has two main aspects.
1.Data Protection – This relates to the protection of your subjects data access by a third party.
2.Opt-in the protection of a subjects data being used without their consent.
Subject data could be an email address, a telephone number, or a postal address.
GDPR also outlines two types of organizations that may handle a subjects data, the controller. This organization holds or owns the data and controls its use as the mailing list owner; this would be you, the processor. This is the organization that processes data by the instructions from the controller, so in this scenario, this would be email blaster as your service provider what are the requirements Of GDPR.
GDPR requires that a written contract exists between the controller and the processor. Both parties should agree on this, so if you’re using a service provider such as email blaster, then standard terms conditions will fulfil this requirement. The controller, this is you, is obliged to make sure that the processor is fully GDPR compliant. So this means the following:
1.The processor must operate within the jurisdiction of the EU. In accordance with EU laws and regulations. So, in a nutshell, that your service provider is located inside the EU. The processor must show if requested, that it complies with the data protection requirements outlined by GDPR.
2.The processor must not sub-contract any part of the processing to a third party without the concern of the controller. It is important to know here that when you’re looking for a cloud-based service provider such as email marketing software, this does not have servers that operate outside the EU. The controller is in breach of GDPR if it employs a processor who is not GDPR compliant. How does GDPR relate to email marketing? Few elements change under GDPR.
So let’s have a look at a few of the major ones.
GDPR requires that all your subscribers have agreed to receive your marketing via a positive opt-in. This means that having a pretext box on your website or webform is no longer sufficient if you use a signup form then by default. The tick box must be intact, requiring the user to put a tick in the box manually.
The person joining your mailing list must also be aware of what they’re opting into. You must outline what you’re intending to send the frequency of your communications. We would advise adding a quick summary statement that outlines your intentions ie. We will send you out what’s in the newsletter once a week, the processor. So, in this case, email bluster must also ask the controller. This is you to confirm that a list has been obtained using a positive opt-in process.
Your subscriber will now have the right to be forgotten by your company. So this means subscribers can request complete removal from all your current and future marketing activities to comply with this. We’d recommend keeping a suppressed list of such users to prevent accidental communications in the future.
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