Overview
As of now, unsolicited emails can be sent to corporate subscribers if they are relevant to their role. While the law doesn’t specifically define "marketing" emails, they generally refer to any emails promoting your goods or services.
The GDPR protects individuals, not businesses.
This article is a guide to help you understand GDPR but is not intended as legal advice.
If you have questions or concerns about aligning your marketing with GDPR, consult a qualified lawyer for personalised advice. Always review and comply with local regulations for the recipients of your emails.
What is GDPR?
The General Data Protection Regulation (GDPR), implemented in 2018, is a data protection law that gives individuals control over their personal data. It harmonizes privacy laws across the EU and applies to any business processing EU citizens' data, ensuring secure and transparent handling of personal information.
Key Points for GDPR-Compliant Cold Emailing
Lawful Basis: Make sure you have a valid reason to email, get consent or clarify having a legitimate business interest. Always explain why you're using their data.
Obtain Explicit Consent: Before sending cold emails, make sure you get clear permission from the recipients and make it easy for them to sign up. Also, regularly check and update your consent records to stay compliant.
Transparency: Be clear about why you're collecting data and always give recipients an easy way to opt out. Make sure to respect opt-out requests right away.
Data Minimization: Collect only the data you need for your outreach. Don’t ask for unnecessary or extra information.
Access and Erasure: Make it simple for recipients to access, update, or delete their data if they ask.
Security: Keep the data you collect secure with strong measures like encryption and access controls.
International Transfers: If transferring data outside the EU, ensure the destination meets adequate data protection standards.
Targeted Outreach: Make sure your emails are relevant to the recipient, respecting their privacy and complying with legitimate interest.
Regular Database Maintenance: Regularly update and clean your database to keep it accurate and avoid storing old or irrelevant data.
Educate Your Team: Train your team on GDPR principles and make sure everyone involved in email outreach knows and follows the compliance rules.
GDPR Response Ready: Be ready to respond quickly and clearly to any GDPR-related complaints or requests for data access or deletion.
GDPR Compliance by Country
The ePrivacy Regulation gives individual EU countries the authority to decide whether unsolicited commercial communications (such as cold emailing) should be allowed or prohibited.
Each country can set its own rules regarding unsolicited emails.
Green Countries (Opt-Out)
Countries: Croatia, Estonia, Finland, France, Hungary, Ireland, Latvia, Portugal, Slovenia, Sweden, and the United Kingdom.
How to Communicate: You don’t need consent to email, but ensure content is relevant to their business and provide an easy opt-out.
Yellow Countries (Single Opt-In)
Countries: Iceland, Spain, Italy, Greece, Bulgaria, Romania, Austria, Czech Republic, Slovakia, Belgium, Poland, Lithuania, Norway, Denmark, Netherlands, Luxembourg.
How to Communicate: Collect consent through a single opt-in. Make sure you inform recipients about data use.
Red Countries (Double Opt-In)
Countries: Germany, Switzerland.
How to Communicate: Double opt-in is required. Emails must relate to previous purchases.
Always check the GDPR rules for each country before sending emails. Make sure you have consent where needed, and provide an easy opt-out. Compliance is essential to avoid penalties.
If you have any questions, feel free to reach out to us through the chat, and we'll assist you quickly.
Disclaimer: Apart from the General Data Protection Regulation (GDPR), there are other laws and regulations that may impact cold email outreach. It's essential to be aware of these regulations to ensure compliance. It's crucial to note that laws can vary between countries, and staying informed about the specific regulations in the target countries of your email outreach is essential. Consulting with legal professionals familiar with the specific jurisdiction can provide tailored advice based on the latest legal developments.