Reinforced on May 25, 2018, the GDPR, or General Data Protection Regulation , is a regulation that applies to all companies operating within the countries of the European Union . The main objectives of this legal framework are to allow European internet users (adults and minors) greater control over their personal data and to ensure that companies operate under fair competitive conditions. Faced with this change, marketing professionals must adapt their strategies, particularly for email campaigns.
What exactly is the GDPR?
Adopted in 2016, the GDPR underwent reform in 2018 in response to the evolution of the digital age and the widespread adoption of digital technologies by European citizens. The GDPR ( General Data Protection Regulation) is a European law primarily aimed at protecting the personal data of internet users . However, it has also had a significant impact on how companies collect data from potential customers.
This legal framework applies to any organization that needs to process personal data, regardless of its size, whether public or private . Personal data can take many forms, such as a person's name, phone number, computer IP address, email address, etc.
Key measures mentioned by the GDPR
The GDPR sets out several measures, but what we are going to present to you are only those that really have an impact on business activities.
Traceability of collected data
Any company that personal data guarantee (with supporting evidence) that its processing is compliant and secure throughout the entire process . This processing must be traceable. This allows for the justification of the implementation of legal practices during all operations carried out: collection, storage, use, sharing, or destruction of the individual's personal data.
Mandatory appointment of a Data Protection Officer (DPO)
The Data Protection Officer ensures the application of all GDPR-related measures within your company. Their roles include:
- To keep informed and advise all those responsible for handling personal data regarding their regulatory obligations.
- To be the company's representative during inspections carried out by the control authority.
- To provide advice on impact analysis in relation to data protection.
Total transparency in the processing of personal data
You cannot collect personal data without the individual's consent. This is mandatory before collecting any data. Furthermore, you must inform the individual of the purpose for which the data is collected. The data controller and the data processor are obligated to be able to demonstrate, by any means and at any time, that the rules have been properly followed.
Right to data portability
The collected data can be retrieved by the individual concerned. A request for access to the data can be submitted to the company. This means the company should be prepared for the possible return of the data in digital and unencrypted format . The individual is also free to transmit this data to another organization.
Notification of privacy breaches
In the event of a data breach, the CNIL (French Data Protection Authority) must be notified as soon as possible, and no later than 72 hours after the incident. Fines of up to €20 million or 4% of the company's annual turnover are among the possible penalties.
READ ALSO: Magileads complies with GDPR regulations
Dos and don'ts to make your email campaigns GDPR compliant
In email marketing , the personal data collected consists of the email addresses of visitors or subscribers to the company's website. Every day, more than 260 billion emails are sent, a figure that continues to rise year after year. Hence the need to follow these steps to avoid potentially costly penalties.
User account
Things that are allowed
When creating user accounts, the boxes required to request your customer's consent must be unchecked . The text should also be easy to understand. The customer or prospect is free to unsubscribe at any time, and you must inform them of this.
Things not to do
During account creation, you must not use pre-checked boxes or exploit silence and inactivity. Exploiting silence involves taking advantage of a user's habits without their knowledge, such as checking a box to indicate "yes" (affirmation), when the text should actually indicate the opposite.
Things that are allowed
When someone signs up for your newsletter, inform them of the purpose of the data collection. This purpose is often to receive marketing offers. Also, indicate where they can modify their information or how they can unsubscribe.
Things not to do
You are prohibited from offering any discounts on your sales offers in order to encourage visitors to subscribe to your newsletter. For example, this type of offer cannot be made: "Receive a 10% discount on your next purchase if you subscribe to the newsletter.".
Sending emails
The first thing to do is obtain your subscribers' consent to collect their email addresses. You must store this proof somewhere in your database , as there will be audits. Sending emails is legal when consent is obtained.
Use "double opt-in"
Generally speaking, double opt-in involves requiring two confirmations from your subscribers. The person first indicates on your website that they are interested in receiving your newsletter.
Then, they automatically receive an email asking them to reconfirm their subscription a second time by clicking on a link in the email. The subscription will not be validated if the person does not click on the link.
The GDPR aims to establish an environment of trust between businesses and their consumers. Comply with the rules and grow your business while gaining your customers' trust.
How does Magileads comply with GDPR regulations?
– Our database is hosted on a secure, dedicated server located in France.
– We have several partner websites from which we collect opt-in data.
– Our business is registered with the CNIL (French Data Protection Authority): Registration No. 1982723.
– All our contacts have the right to access their data and can request to be removed from our database.
We do not hold any sensitive data that would allow for the clear identification of a natural person (medical data, identity number, home address, etc.).
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