Newsletter mailing and e-mail marketing are a specific part of the online marketing universe. Basically, the principle that processing is prohibited, but subject to the possibility of authority, also applies to personal data used to send e-mails. Processing is permitted by the General Data Protection Regulation (GDPR) only if the data subject consents or has another legal basis.

For example, this may be to protect the legitimate interest of the controller in sending e-mail marketing. The law also applies to the processing of personal data for direct marketing, as Receipt 47 of the General Data Protection Regulation is clearly in the regulator’s legal interest.

The new General Data Protection Regulation (EU GDPR) will have a direct impact on marketing practices, including email marketing. GDPR Effective Date From 25 May 2018, there is a need to rapidly change the way all marketers seek, obtain and save consent to GDPR. Since Mailjet is an email marketing actor, it has collected valuable information for you to create this GDPR toolkit. Our guide will help you understand, prepare and comply with European regulations before and after the expiration date.

What is GDPR?

The GDPR or General Data Protection Regulation is a government regulation applicable to companies operating in the European Union and is designed to protect all EU online users as well as EU residents who share personal data online. Also, learn about DKIM in email marketing.

The rules are designed to enforce the rule that websites serving the European Union must be secure and adhere to the prescribed data privacy protocols.

How Does GDPR Affect Email Marketing?

Email marketing under GDPR means that as an email marketer, you are required to collect free, specific, informative, and explicit consent (Article 32). To achieve compliance, you must follow the new methods:

New user selection permission rules;

  • Proof of compliance storage systems; And
    The method by which users are asked to remove their personal information.
  • With regard to the impact of the EU GDPR on B2B and B2C in 2018, the new European regulation applies to two trading methods. Although the soft opt-in or soft opt-out policy is not allowed in
  • Mailjet, we recommend that you use the double opt-in to meet GDPR compliance requirements. In addition to how you get approval in your business, you should also take care of your third-party data (How to work with third-party solution providers under GDPR?).

Profiling is also under control: from its explicit definition to the rights of the subjects, there are strict requirements that you must adhere to the GDPR or you run the risk of being fined.

General Data Protection Regulation (GDPR) Guidelines for Email Marketing


GDPR email marketing compliance


There are specific GDPR rules regarding email marketing. The first step in achieving consent is to understand what is required, which we will summarize here.

Get consent: When you ask visitors to sign up for your email newsletter, your form is considered a data collection tool and, for this reason, GDPR must notify each user before implementing their membership. Get consent. Informed consent refers to the process of notifying the user and obtaining verifiable consent through a verification process.

Have a privacy policy: If you send an email newsletter, GDPR needs to have a comprehensive privacy policy that provides detailed information about the data you collect and how you intend to use it. Your privacy policy should be readily available on your website; The popular link in the footer is considered adequate, but you should also link to it from your chosen form and newsletter. Learn about email phishing.

Store compliance records: Not only do you get consent from customers for GDPR, but you must also record proof of that consent. The records must contain the consent of the consenting user, the date of consent, the consent of the user, and other details, which we will review later. Allow

Access without opt-in: Content will not be denied access because the user refuses to subscribe to your newsletter. It will be forced, it will not be allowed. The GDPR says consent must be “given for free.” You cannot force users to subscribe by making it mandatory. For example, if you provide white paper or other gated content, you may need to obtain the user’s email address to deliver the content, but you must make it clear that your newsletter is included to receive gated content. No upfront requirement to sign up.

Make it easier for users to withdraw permissions: You must provide GDPR with the ability to withdraw consent from consumers. This means you must add an unsubscribe link to your newsletter.

Make your content honest: GDPR sets specific content guidelines to protect consumers. For example, the newsletter must clearly indicate the identity of the sender, have a physical company address, clearly identify the nature of the content and not use false or misleading messages.

It should be noted that off-loading the email marketing implementation to a third party does not preclude the business owner from complying with GDPR. If a business uses an application or service to manage its email marketing, the business owner must confirm GDPR compliance.

How can I do email marketing under GDPR?

Although European regulations have changed the landscape of marketing, email marketing is still possible. To help you reach your email marketing goals, we’ve expanded this GDPR checklist for your reference:


GDPR email marketing compliance


A – Audit your current database.

  • Do you know where your contacts are geographical?
  • Will you capture the audit trail of consent?

B – Find out your contacts and how you got them.

  • Did you follow the double opt-in practice?
  • Do you keep track of where and when your contact information comes from?
  • How did they get into your database?
  • Do you have enough information about the source and are allowed to be in court if necessary?

C – Review and disclose your data practices.

  • Do you ask for consent when collecting data?
  • Do you have a privacy policy that provides details on how your data is collected, stored,
  • transferred, and processed using clear, concise language?
  • Do you inform your recipients of this data privacy policy?

D – View your upcoming programs now to confirm compliance.

Compliance should be considered in all new programs so you do not have to go back and forth to adjust your processes. Learn about email Autoresponders

Hope! you find this information on GDPR compliance useful. Don’t forget to share and leave comments. Thank You.


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