GDPR is an EU law on data protection which promises data security in the digital age to all individuals citizens of the EU (European Union) and European Economic Area(EEA). The act regulates controllers of personal data and puts in place security measures to safeguard personal data of individuals across Europe. Now, businesses world over are looking for Data Privacy and Protection Solutions to make sure their strategy is GDPR compliant.
The idea of “consent” under GDPR has been redefined to make sure customers are not fooled into giving their consent. Clever marketers have started re-adjusting their marketing strategies to comply with the regulations.
Let’s look at the top 5 things you must know about email consent under GDPR to ensure that your business continues to benefit from email marketing.
Active Confirmation of Consent
Get rid of pre-checked boxes as assumed consent is invalid under GDPR. Valid consent under the GDPR means active confirmation of consent by interested parties. Use un-checked boxes that give users the freedom to decide if they want to subscribe to your emails. GDPR also bans the usage of confusing and inconsistent language to garner consent. The language should be clear and easy to understand.
No Forced Consent
Previously, businesses online had made a habit of bundling email consent terms with other services on their website. GDPR outlaws this sneaky method of garnering consent. Now, a business cannot get away with bundling "email consent" with their services. Under GDPR, online businesses need to obtain consent separately to send promotional emails. So, don’t bundle email consent forms with other services unless the email is absolutely necessary to use that particular service.
Right To Withdraw Consent
The right to withdraw consent is an essential component of the GDPR. Make sure your emails have an option for your customers to “opt-out” or “withdraw consent” from your promotional emails. This practice will only enhance the engagement rate of your promotional material. If consumers are unwilling to engage with your promotional material, it’s best to let them opt-out of your subscription. In conclusion, the regulation may reduce your subscriber base, but it can increase your engagement rate.
Clear Evidence of Consent
According to Article 7 (1) of the GDPR:
“Where the processing is based on the data subject’s consent, the controller should be able to demonstrate that the data subject has given consent to the processing operation.”
Any business receiving consent from a customer must be able to prove the following things: Who consented, when they consented, what were they told at the time of consent, how they consented, and whether they have withdrawn consent
A business must be able to present records of the same at any time to prove that they have clear evidence of consent.
Read More: Adopting ‘privacy by design’ for data security and privacy
Reconfirming with legacy Subscribers
Before sending new material to subscribers of your email list, make sure that you received their consent according to GDPR. Not only that, you must have clear evidence of consent received from the subscribers of your mailing lists. However, if your subscribers haven’t consented according to GDPR, you’ll have to send them a re-confirmation mail to “opt-in” to your promotional material.
Remember: any consent without a clear record will be null and void under GDPR.
Conclusion: Data Privacy and Protection
GDPR might cut down the numbers on your email list but chances are that it will increase your engagement rate. The new practices will enable you to curate a list of interested subscribers as opposed to an irrelevant mailing list. The new regulations disrupt traditional business practices but they don't intend to harm businesses that are transparent, secure and respect data privacy.
We, at Oodles, provide Data Protection and Security Solutions
. We have seasoned experience in providing data privacy and protection services. Contact our team to become GDPR compliant.