Information essential for email marketers regarding the EU's fresh data protection legislation

Email marketing regulations tightened globally in 2014 with Canada's Anti-Spam Legislation (CASL), imposing constraints on practices to safeguard consumer privacy.

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2025 September 2 . 2:52 AM

3 min read

Essential insights for email marketers regarding the EU's fresh data legislation

Information essential for email marketers regarding the EU's fresh data protection legislation

Preparing for the General Data Protection Regulation (GDPR): A Guide for Email Marketers

In early 2016, the European Union (EU) is set to release a new set of privacy regulations known as the General Data Protection Regulation (GDPR). This landmark legislation will significantly impact email marketing practices, requiring marketers to comply with stringent data storage and technology mandates.

To ensure compliance, marketers must take several key steps.

1. Conduct a Comprehensive Data Audit and Mapping

Identify and document all personal data collected, processed, stored, and shared in marketing activities. Map data flows from collection points to processing and storage locations, including any third-party processors. Assess the types of data, the lawful basis for processing, and data retention policies.

2. Define Legal Bases and Obtain Explicit, Informed Consent

Determine the legal ground for each data use, typically explicit consent or legitimate interest (with preference for consent in marketing). Design clear, layered consent mechanisms that provide granular control, explain data use transparently, and make withdrawal easy. Regularly review and refresh consent status as needed.

3. Update Privacy Policies and Increase Transparency

Revise privacy notices to be concise, transparent, and accessible, clearly stating the purposes of data collection, data subject rights, lawful bases, and contact information for data protection queries. Communicate privacy information effectively across customer touchpoints and gather feedback on clarity and trust through surveys or similar tools.

4. Deploy Consent Management Tools

Implement Consent Management Systems (CMS) to synchronize, automate, and document consent tracking across multiple marketing channels, email platforms, CRMs, and advertising systems. Use systems with API integrations for efficient updates and compliance monitoring.

5. Strengthen Data Security and Governance

Apply appropriate technical and organizational measures such as encryption, access control, and secure storage to protect personal data. Maintain strict controls over who can access data within the organization.

6. Train Marketing Teams and Embed Privacy by Design

Educate staff on GDPR principles, data subject rights, and ethical personalization methods. Incorporate privacy considerations into campaign design, using only consented data and minimizing data exposure via anonymization or segmentation.

7. Establish Ongoing Compliance Monitoring and Response Processes

Continuously monitor consent rates, opt-outs, and data subject requests with automated dashboards and alerts. Document all data sources and consent records securely. Implement workflows for responding promptly to data subject access and deletion requests.

By following these steps, marketers can ensure GDPR compliance, build trust with their subscribers, and minimize regulatory risks. It is crucial to prepare now, as these legislative shifts will impact email marketers globally, affecting anyone sending emails to European subscribers.

In 2014, Canada's Anti-Spam Legislation (CASL) was implemented to protect consumers' privacy and restrict unsolicited emails. Foreign legislatures are serious about enforcing new privacy guidelines, as proven by legal cases spurred by CASL infractions. EU policy makers will reserve the right to prosecute offenders whether they are a part of the EU or not.

Email marketers should use their existing databases to prepare for pending changes to their campaign strategies before GDPR becomes a reality. Any resources invested now to meet global privacy standards will pay off in the long run. Retailers can educate shoppers on how data is being treated and foster a sense of trust through increased transparency. The trend of strengthening subscribers' privacy and consent rights will continue to grow, especially as policies like CASL and GDPR find their footing.