The General Data Protection Regulation also popularly known as GDPR is a comprehensive data privacy law enforced in the EU. Organizations dealing with the personal data of citizens of the EU are required to ensure compliance with the GDPR and meet the privacy requirements. As per GDPR any personal data including the email address, name, and phone number needs to be secured and processing of the same requires the consent of the data subject.
So, when it comes to email marketing, organizations need to have explicit consent from the data subject before sending them any marketing or sales campaign mails. GDPR laws are stringent and very strongly uphold the rights of the citizens. This way the regulation has a significant impact on email marketing. Today, we will be sharing a few examples as to how your email marketing or business sales emails can result in the GDPR Breach if not addressed carefully.
Also read: The Principle of Least Privilege and Its Importance in the Modern Workplace
What does GDPR mean for email marketing?
By the looks of it, GDPR Regulation seems to be a law that is against email marketing. The law clearly changes the way how organizations can use email marketing as a mode to reach out to potential customers. Although from the regulatory perspective it has streamlined and regulated the entire approach to email marketing, yet for businesses using this approach has a significant impact.
GDPR Article 5 which is the principles relating to the processing of personal data requires all personal data to be “processed lawfully, fairly and in a transparent manner”. Article 6 which is the Lawfulness of Processing expands on Article 5 explains what it means to lawfully process data, and also states that processing is only lawful if the data subject has given consent for the processing of the data.
So, as far as email marketing is concerned, gaining consent from the data subject becomes an essential and integral part of the process now. While email marketing is a legal and legit way to reach out to customers yet the process should be carried out in the right way. As long as the data subjects are clearly communicated about the kind of data that is being processed and their right to opt-out as per Article 12 & Article 13 of GDPR emails and email marketing can be GDPR Compliant. On the other hand, the only way the company ends up in trouble is if the data subject did not sign up for the marketing emails or if the company did not give them the option to unsubscribe.
Companies can send emails to the data subject if
- Data Subject has given explicit consent
- Existing customers who previously bought products or services are given an opt-out option.
Companies can send mails to businesses or corporate bodies including government bodies, companies, and limited liability partnerships. However, it is also important to note that some partnerships and sole traders are considered to be individuals under GDPR. So, in that case, the above rules will be applicable for sending emails. For a better understanding, we have listed out the top 7 ways emails could end up breaching the GDPR law.
7 ways emails could result in Breach of GDPR
Emails may at times result in a breach of GDPR Compliance if necessary precautions and steps are not taken for the same. Businesses need to read the regulation requirements to understand and implement measures to ensure compliance with the data privacy law. Given below are some of the ways emails could result in a breach of GDPR and companies could fall in trouble.
Didn’t give consent for marketing emails
One of the fundamental requirements of GDPR Compliance is receiving consent from the data subjects for the processing of their data. This also includes taking consent from the data subject for receiving business-related marketing emails. Only if customers/data subjects give their consent for the marketing mails, will it be considered GDPR Compliant mails. If businesses have no evidence of such consent and are sending such marketing emails it may result in a breach of GDPR Compliance.
Didn’t give the option for unsubscribe
Businesses can send marketing emails to existing customers concerning the products and services they had earlier availed from them. However, it is also important to note that for the existing customers, businesses will also have to provide an easy “opt-out option”in the marketing mail that is clearly visible to them. Not giving the existing customers/data subject opt-out or unsubscribe may also result in a breach of GDPR.
Revealing email address
Revealing of email addresses may not always result in GDPR breach until till falls in the following category-
- Use of personal e-mail addresses and not business mails like Gmail.
- In case the company email address includes the full name of an individual/data subject. For example [email protected]. Here the first name last name is used in the company email id which reveals an individual’s identity.
It is also important to note that business addresses do not fall in this category and revealing the business email addresses does not breach GDPR. However, when a personal email address contains personally identifiable information and is shared widely it will result in a breach of the privacy regulation.
Not using BCC in mails
When companies use CC (carbon copy) instead of BCC (blind carbon copy) in their mails, it can result in mass revealing of PII data that can further result in a breach of GDPR Compliance, especially if the email address contains PII data. Failing to use BCC and sending emails without the consent of the data subject is a breach of GDPR Compliance.
Wrong recipient
Another common way how emails can result in a GDPR breach is when the mail is accidentally sent to the wrong email address. This is a very common reason for most businesses falling in trouble and ending up breaching the privacy regulation. Such incidents often occur where email addresses gets “auto-filled” in an email. The sender must double-check the email address and the information sent to prevent data from falling in the wrong hands.
Unencrypted attachments
Attachment and data often sent go unencrypted in a mail thereby increasing the risk of unauthorized access and unauthorized use of data. Encrypting of information is essential when sending mail as this would prevent any possibility of malicious, unauthorized, or accidental means of information receipt by the receiver. Further, encryption of data ensures secure transfer of data and retention of control over the use of the information once sent. By this, we mean the receiver of the data cannot just copy, forward, or send personal information without consent or your approval. This is possible by encrypting the file containing the information rather than the email or computer system itself. But since most mails and attachments go unencrypted they may most likely results in a breach of GDPR.
Email chains with PII data
Mails often get forwarded without being checked properly for having any PII data of an individual mentioned in it. This is a breach of compliance and can prove to be a costly mistake for companies. The sender of the mail must check their email content before forwarding it to anyone and remove any PII data mentioned in it. This is a very common mistake that employees of an organization often commit when sending business emails.
Closing Thought
GDPR is a stringent privacy regulation that should be taken seriously by every business dealing with sensitive PII data of citizens of the EU. Taking necessary precautions is essential when dealing with personal data. This will ensure your business is safe from non-compliance fines and penalties. Moreover, such precautions will reflect the efforts, commitment, and responsibility towards your clients and securing their personal data.
When it comes to email there is always a possibility that employees sending emails may not be aware of what is personal data, or how should the data be secured or when should the mail containing personal data be deleted. In either case, this could result in non-compliance of GDPR and worse result in a data breach. So, businesses must for these reasons create strong policies and procedures for the handling of such data and clear instructions when dealing with such sensitive mails. In order to protect your organization and also uphold the privacy rights of customers, businesses must enforce policies and procedures concerning the processing, use, and transmission of data. We also strongly recommend employees are provided security and awareness training on GDPR Compliance and also specific training concerning their roles and responsibilities.
