Since May 25, 2018 the European Data Protection Regulation has strengthened the protection of Internet users' data. With the RGPD system, internet users have more control over their personal data.
On the company side, RGPD emails can be scary, because if some rules are not respected, they expose themselves to big penalties. In this article, Kiliba details the points to respect in order to write RGPD compliant emails.
1. RGPD mailing: newsletter registration form
First of all, it is necessary that interested people can join your newsletter to receive your emails. To do this, it is necessary to create a registration form compliant with the RGPD mailing:
- In order to have a professional newsletter and offer special deals to customers, your future subscribers must be able to sign up by giving you some of their personal data.
- To create a form in compliance with the RGPD emailing, you must collect the consent of your subscribers and mention that they will receive marketing emails to their email address that they will enter on the form.
- Moreover, you must inform your contact that he can unsubscribe at any time from your email sequence thanks to an "unsubscribe" button present at the bottom of each email.
Warning: don't make offers to the Internet user to encourage him to subscribe to your newsletter. In fact, since May 2018, it is forbidden to influence the prospect's decision with marketing techniques. A person's consent must be total.
2. RGPD emailing : the consent of contacts
As part of the RGPD emailing, it is imperative that every contact on your list has given consent. The first step is to make sure that consent is given through a positive and unambiguous action.
Prohibited marketing techniques: soft opt-in and opt-out
Soft opt-in, passive opt-in and opt-out techniques are now prohibited. Here are the details of these techniques:
- Soft opt-in or passive opt-in: it is by using pre-checked boxes in the registration forms. This technique allows to divert the attention of the Internet user to obtain his consent.
- The opt-out: more aggressive than the soft opt-in, users are directly registered without any prior consent.
A method in accordance with the RGPD emailing is to be preferred.
Double opt-in: the RGPD friendly method
As you have understood, it is essential to have the total consent of the Internet users.
At Kiliba, we recommend that you obtain the consent of your subscribers on two occasions:
- The first consent is given when the user fills in the data in the newsletter registration form;
- The second time can be done right after registration by clicking on a link in a confirmation email.
That is to say that when a person indicates on your site that he wishes to receive your newsletter, he automatically receives an email containing a link on which he will have to click to confirm again his wish. Without this confirmation, the subscription is not validated.
The double opt-in allows you to have a documentation of the consent of your new subscribers to your newsletter.
Moreover, this marketing method decreases your unsubscribe rate. Indeed, the Internet users who clicked a second time to confirm their subscription to your newsletter are really interested in your offers.
3. Mailing RGPD: the proof of consent of the subscribers
It's crucial to understand that the RGPD mailing applies to all of your data, not just data collected after it goes into effect on May 25, 2018.
So you must be able to prove consent from your registered subscribers before May 25, 2018.
If you don't have the consent of all your subscribers, you have two options.
- The first solution is to delete all users from your email list;
- The second option is to do a rebranding campaign.
However, the second solution is not the most RGPD mailing friendly since you are sending emails to people who may not have given their consent in the past.
If you want to play it safe, it's best to go with the first option.
4. Email RGPD: access to data use
To write RGPD compliant emails, make sure your send form follows certain rules. At the bottom of the page, include links to:
- Your legal mentions (mandatory for e-traders).
In these links, members must be able to have:
- Access to their personal data used;
- A right to portability;
- The ability to delete your own data;
- A right of rectification.
In addition to being email RGPD friendly, all these mentions are necessary to create a trustworthy relationship with your loyal subscribers.
5. Mail RGPD: allow members to unsubscribe easily
To make it easy for your list's subscribers to unsubscribe, you must provide a clickable unsubscribe link at the bottom of each of your emails.
If you follow good marketing techniques, this link should already be present in all your marketing communications. If not, we recommend you add it immediately.
When one of your contacts clicks on the unsubscribe link, we recommend that you ask them the reasons for this decision. For example, is it the frequency of your emails, the content of your emails or some other factor? The answer to this form will help you optimize your email marketing campaigns.
In addition to the unsubscribe link, add clear information about the sender at the bottom of your email:
- Company or Organization Name;
- Mailing address;
- Contact email address;
- Name of contact person.
As well as the DPO (Data Protection Officer) if you have appointed one.
The risks of having a newsletter that is not RGPD compliant
If a company does not write RGPD compliant emails, it is exposed to severe penalties by law. The penalties for non-compliant RGPD emails are as follows: 2-4% of turnover, up to a maximum of €20 million for the most serious violations.
The GDPR now requires companies to be more transparent about their policies.
How to write RGPD compliant emails? Theopt-in or double opt-in techniques are the only legal solutions to obtain the consent of Internet users and increase your opening rate. At Kiliba, we make every effort to ensure that our customers are RGPD friendly.
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