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Email marketing under the GDPR: the practical minimum

In short

A newsletter works in the long run when it only goes to people who demonstrably asked for it and the list stays clean. This article sums up the practical minimum: demonstrable consent, double opt-in, unsubscribing, a suppression list and bouncing addresses. It is general information, not legal advice.

Published: · Updated: · By the HelloCRM team

An email campaign's results The clip shows the Hungarian interface; every screen is also in English.

What must you be able to show about consent?

Under Article 7(1) of the GDPR, where processing is based on consent, the controller must be able to demonstrate that the person consented. So it is worth keeping when, where and next to what wording someone signed up.

On the sign-up form, say exactly what people sign up for, and keep that wording too. A list gathered in a spreadsheet years ago often lacks exactly this; if you are not sure the consent can be demonstrated, ask someone who knows data protection. The practical minimum:

  • Double opt-in at sign-up.
  • An unsubscribe link in every email.
  • A suppression list that outranks a later import.

Why use double opt-in?

With double opt-in a sign-up only becomes valid once the person clicks the link in an email sent to the address they gave. It filters out mistyped addresses and addresses entered on someone else's behalf, and it is evidence that the owner of the address really asked for the emails.

The GDPR does not require it as such, but it does require consent to be demonstrable, and double opt-in is a common way to do that. HelloCRM forms can switch it on: consent is recorded only at the click, together with the consent wording shown, the time and the IP address.

How should you handle unsubscribes?

Details

Put an unsubscribe link in every marketing email, and honour unsubscribes. HelloCRM adds the link to campaign emails, plus the header that makes Gmail and Outlook show their own unsubscribe button. A password reset email carries no such link, because there is nothing to opt out of.

An unsubscribed address goes onto a suppression list that outranks a later import. This matters because re-importing an old spreadsheet would otherwise quietly re-subscribe people who had already asked not to be emailed.

It is also worth letting people leave a single list rather than everything. In HelloCRM the preferences link you can put in an email opens a page where the recipient decides list by list; the unsubscribe link, on the other hand, unsubscribes from everything, because that is what someone clicking it asked for. That way a customer who drops a newsletter they rarely read can still receive the messages that matter more to them.

Why remove bouncing addresses?

Details

Emails to bouncing addresses hurt deliverability: after a while mail stops reaching the good addresses too. A persistently bouncing address has to come out of sending.

There are two kinds of bounce. A hard bounce means the address does not exist; a soft bounce means something temporary, such as a full mailbox. In HelloCRM a hard-bounced address retires itself before the next send, and soft bounces are counted: five soft bounces from one address within 30 days count as a hard one.

What do you do when someone asks for their data, or for it to be erased?

Details

On request, hand over or erase a person's data. In HelloCRM everything you hold about a person downloads in one click, and erasure reaches the copies too. Documents that must be kept by law keep the transaction and lose the person.

Such requests are rare, so it is easy to forget where else someone's data sits: in the mailbox, in an old spreadsheet, in the shop. When everything is in one place, the answer is simpler and a copy is less likely to be missed.

Where to read on

Questions

Is double opt-in mandatory?

The GDPR does not require it as such, but it does require consent to be demonstrable, and double opt-in is a common way to do that.

What happens if I import an unsubscribed address again?

The suppression list outranks the import, so the address stays unsubscribed and gets no campaign email.

Is this article legal advice?

No: it is general information. Discuss your own case with someone who knows data protection.

Sources

This is general information, not legal or tax advice. The rules come from: Az (EU) 2016/679 rendelet (GDPR), EUR-Lex (checked )