Sending Out GDPR-Compliant Newsletters: All the Essentials at a Glance
Are you still trying to figure out newsletter privacy? We outline the basic principles of GDPR-compliant newsletters.
Newsletters are a great way to market your business. They help companies connect with customers, keep relationships strong, and boost sales. One thing is for sure, though: there’s always uncertainty about one topic, and that’s newsletters and data protection. The requirements for sending newsletters have increased with the introduction of the General Data Protection Regulation (GDPR) in 2018. This also raises concerns among senders about the possibility of making mistakes.
- So much in advance: With CleverReach’s GDPR-compliant newsletter tool, legally compliant newsletters are no witchcraft.
We outline the key aspects of GDPR-compliant email marketing in this article.
In a Nutshell: What is the GDPR?
The General Data Protection Regulation (GDPR) is a European Union regulation that aims to help protect personal data. It was introduced to strengthen and standardize data protection for individuals. Companies collecting and processing personal data have had to follow strict guidelines ever since. This also includes the data used for sending out newsletters.
Why is GDPR Compliance Important to Newsletters?
Failing to comply with the GDPR can have serious consequences, including hefty fines and significant reputational damage. As a result, it is critical for companies that send newsletters to comply with all requirements in order to gain the trust of their subscribers and avoid legal ramifications.
But don’t worry—we’ve got you covered with an overview of the guidelines for aligning newsletter marketing with data protection and the GDPR.
The Basics of GDPR-Compliant Newsletters
1. Selecting a GDPR-Compliant Newsletter Tool
The first thing you need to do to make sure your newsletters are GDPR-compliant is choose a good email marketing tool. Here are a few things to look out for:
- Server locations:
Make sure the provider meets all data protection requirements and operates its servers within the EU.
The GDPR (Art. 44 et seq.) says that personal data cannot be processed outside the EU. Any personal data transferred to a third country that doesn’t meet the right standards has to be done on the basis of an adequacy decision.
- Concluding an Order Processing Contract:
You need an order processing contract if a service provider handles your personal data, like a newsletter tool. This contract ensures the service provider follows data protection rules.
CleverReach meets the requirements of a privacy compliant newsletter tool. All data is stored on GDPR compliant servers in Germany or the EU. You can easily create and digitally sign the order processing contract directly in your CleverReach account.
2. Consent Required to Send Out Newsletters
Obtaining the explicit consent of recipients to receive newsletters is a key element of GDPR-compliant email marketing.
- Double-Opt-in (DOI):
The easiest and most secure way to get people to agree to receive your newsletter is to use Double-opt-in. Once they’ve entered your email address in the signup form, we’ll send them a confirmation email so they can confirm that they’re interested in receiving your newsletter. This prevents abuse and ensures that consent comes from the email owner.
- Keep Records and Provide Evidence:
Make sure you document the whole login process, including the IP address, date and time of login and confirmation. This information is useful in case of an audit or complaint.
- No Ads in DOI Email:
The confirmation email is for confirming the subscription process only. It must not contain any additional advertising content. This can be included in the welcome email.
DOI is standard in all CleverReach signup forms. You can easily customize and design the Double-opt-in email and the confirmation page using a simple, step-by-step process. The successful Double-opt-in is automatically documented and can be downloaded if needed.
3. GDPR-Compliant Signup Forms
There are also a few things to keep in mind about the sign-up form to make subscribing to your newsletter GDPR-compliant.
- Data Minimization:
The email address is the only field in the signup form that users have to enter. They can choose to enter other information like their name or birthday, but it’s not required.
- Notes on Data Collection:
Be transparent about why and what data is collected, what opt-out options are available, and how long the data is retained.
It is advisable to include a checkbox that needs to be activated before submitting the signup form.
Our free newsletter will keep you informed by email about new products and special offers. Your data is only used to personalize the newsletter and is not shared with third parties. You can unsubscribe from the newsletter at any time by sending an email to sample@example.com. Your data will be deleted within XX months after you stop receiving the newsletter, unless there are legal reasons to keep it. By submitting your data, you agree to our privacy policy.
- Linking to Your Privacy Policy:
Include a link to your privacy policy on the signup form and in the double opt-in email. This should provide clear and understandable information about data processing in your newsletter:
- used newsletter software and processing agreement
- purpose and type of data collection
- storage duration and location
- any tracking measures when opens/clicks are personalized
- withdrawal of consent
- rights of data subjects: right of access and erasure/blocking, etc.
4. Easy Unsubscribe Process
Under GDPR, subscribers must be able to withdraw their consent to data processing and unsubscribe from the newsletter at any time.
- Unsubscribe Link:
Each newsletter must include a clearly visible unsubscribe link. This should allow subscribers to unsubscribe without any hurdles or additional steps.
- Simple Unsubscribe Process:
Unsubscribing shall not be more difficult than subscribing. The reason for unsubscribing should not be mandatory.
- Unsubscribes Effective Immediately:
Once a subscriber clicks the unsubscribe link, the unsubscribe should take effect immediately and no further newsletters should be sent.
5. Newsletter Content
The content of your newsletter must be consistent with the consent given by the recipient when subscribing to your newsletter. Use the information only for the purposes stated. Periodically review the content of your newsletter campaigns to ensure that they continue to comply with the consent provided by subscribers.
Bonus Tip: Legal Notice Requirement
Admittedly, the legal notice is not required by the GDPR, but is regulated in the Digital Services Act (DDG). Nevertheless, it is a legal requirement for newsletter senders to include the legal notice in digital publications.
Therefore, your newsletter should always include a complete legal disclaimer that includes details such as company name, address, contact information and VAT number (if available).
Checklist: Sending Out GDPR-Compliant Newsletters
Complying with GDPR requirements when sending newsletters is essential to avoid legal consequences and build trust with your subscribers.
By choosing a GDPR compliant newsletter tool such as CleverReach, obtaining the necessary consent (DOI) and implementing transparent privacy policies, you can create a solid foundation for successful and compliant email marketing campaigns.
CleverReach provides you with comprehensive features and support to design and send your newsletters in compliance with GDPR.
Download the GDPR checklist now for free
We have created a clear checklist for GDPR-compliant newsletters so that you don't forget anything. Download it now for free and tick it off point by point!