Definition
GDPR applies to email marketing when you process the personal data of EU data subjects, requiring a lawful basis, clear rights, and accountability.
For most marketing mail, consent is the basis, though legitimate interest can apply in specific cases.
GDPR is the standard for European email, requiring a lawful basis, consent evidence, and data subject rights. Compliance protects you from fines and builds trust. Getting the foundations right makes everything else easier.
What GDPR Requires
A lawful basis for every processing activity, evidence of consent, and support for data subject rights.
Documentation and accountability are core.
Why It Matters
GDPR is the standard for European email, and compliance protects you from fines while building subscriber trust.
Best Practices
- Collect consent with clear, specific opt-ins.
- Support data access and erasure requests.
- Keep evidence of consent and processing.
- Review legal bases regularly.
- Keep privacy practices documented.
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Related Glossary Terms
Anonymized Data
Anonymized data is email subscriber or interaction data that has been stripped of personally identifiable information so individuals cannot be re-identified.
CAN-SPAM Act
The CAN-SPAM Act is a US law that sets rules for commercial email. It requires accurate subject lines, a physical address, a clear opt-out mechanism, and prompt processing of unsubscribes. Violations can result in penalties up to $51,744 per email.
Consent Banner
A consent banner is an on-site notice that informs visitors about data collection and allows them to agree to or manage email marketing preferences.
Consent Expiry (Email Marketing)
Consent expiry is the time period after which a subscriber's permission to send marketing emails legally expires and must be re-obtained, varying by jurisdiction and consent type.
Cookieless Tracking in Email
Cookieless tracking in email is the measurement of email-driven behavior using methods that do not rely on third-party browser cookies.
Data Retention Schedule (Email Marketing)
A data retention schedule defines how long subscriber personal data is stored after unsubscribing or becoming inactive, ensuring compliance with GDPR, CCPA, and similar privacy laws.
Frequently Asked Questions
If you market to EU data subjects, yes in most cases. GDPR is the standard for European email, requiring a lawful basis, consent evidence, and data subject rights.
Access, erasure, rectification, and objection. Compliance protects you from fines and builds trust.
Fines up to a substantial percentage of turnover. Getting the foundations right makes everything else easier.
Yes, but it must be balanced and documented. GDPR is the standard for European email, requiring a lawful basis, consent evidence, and data subject rights.
While the processing and relevant data are retained. Compliance protects you from fines and builds trust.