What is GDPR for Email?
GDPR (General Data Protection Regulation) is EU privacy legislation that affects email marketing by requiring explicit consent, data transparency, and easy unsubscribe mechanisms.
GDPR (General Data Protection Regulation) is EU privacy law that significantly impacts email practices. Unlike CAN-SPAM's opt-out model, GDPR requires explicit opt-in consent before sending marketing emails to EU residents.
Key GDPR requirements for email: - Explicit consent: Recipients must actively opt in, not just fail to opt out - Clear purpose: Tell people exactly what they're signing up for - Easy withdrawal: Unsubscribe must be as easy as subscribing - Data access: Recipients can request what data you hold about them - Right to deletion: Recipients can request you delete their data - Data portability: Recipients can request their data in machine-readable format
GDPR applies to any organization processing EU residents' data, regardless of where the organization is located. Fines can reach €20 million or 4% of global revenue.
Why GDPR for Email Matters
GDPR transformed email marketing in Europe and increasingly influences global practices. The consent requirement means smaller but more engaged lists. For transactional email, GDPR ensures you can only send messages users have a legitimate reason to receive. Understanding GDPR helps you build sustainable email practices that respect user privacy.
How Ark Handles GDPR for Email
Ark supports GDPR compliance through robust suppression list management, easy unsubscribe handling, and data export capabilities. Our transactional focus aligns well with GDPR's concept of 'legitimate interest'—emails users need to receive for services they've signed up for. We help you document consent and honor deletion requests.
Frequently Asked Questions
Does GDPR apply to transactional email?
Yes, but transactional emails typically fall under 'legitimate interest' or 'contractual necessity'—you don't need separate consent to send order confirmations to customers. Marketing content in transactional emails still requires consent.
What's the difference between GDPR and CAN-SPAM?
GDPR requires opt-in consent; CAN-SPAM allows opt-out. GDPR applies to EU data subjects regardless of sender location; CAN-SPAM applies to U.S. commercial email. GDPR fines are much larger. When both apply, follow the stricter rules (GDPR).
Do I need a double opt-in for GDPR compliance?
GDPR doesn't explicitly require double opt-in, but it requires proof of consent. Double opt-in provides clear evidence that the person consented. It's recommended but not legally mandated.
How do I handle GDPR deletion requests for email?
When someone requests deletion, remove their email from your sending lists, marketing databases, and any stored personal data. Keep suppression records (just the email, to prevent re-adding) as that's necessary for compliance.
Related Terms
CAN-SPAM
CAN-SPAM is a U.S. law that sets rules for commercial email, establishing requirements for sender id...
Suppression List
A suppression list is a database of email addresses that should not receive emails, including bounce...
Email Deliverability
Email deliverability is the ability to successfully deliver emails to recipients' inboxes rather tha...
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