There has been lots of buzz about GDPR – the General Data Protection Regulation; most of it gloom and doom from marketers and companies trying to comply or just figure out if they need to take action.
Then, the emails began as the May 25 deadline hit – a literal barrage of emails asking you to accept them into your inbox and noting new privacy policies, all urging you to take action so you didn’t miss their important messages. Most of us likely ignored or overlooked many of these. Personally, I didn’t click a single accept button out of curiosity to see if my inbox would be magically purged once the deadline hit.
And then came May 26 and I anxiously opened my email in hopes of seeing only messages from the few companies I have subscribed to. Alas, it was not a brand new clutter-free day for me, though I am in the United States.
So, no, GDPR is not going to be the end of email marketing; but it is a good idea to take action now. All of us are still working through the GDPR requirements line-by-line and, frankly, many legal experts are offering differing opinions on what exactly is required. That said, privacy laws are coming that will impact more than just the European Union (EU). States such as California are stepping in with the newly approved California Consumer Privacy Act.
So, What Does All of This Mean?
Agreed upon by the European Parliament and Council, GDPR requirements aim to create more protection of personal data across EU nations. Other privacy acts ahead similarly focus on how companies are collecting, storing and using personal information.
Does This Apply to Me?
This is a frequently asked question and the answer is usually yes, to some extent; and with U.S. states passing privacy laws, we are all in this mix. One interesting fact I’ve seen is that if an online user finds your website via organic search and your site is translated in their language, say German, as a citizen of an EU state, you are responsible for complying with GDPR requirements to protect their personal information. So, yes, we are all facing changes on a global scale in how we do business.
How Do I Comply?
As previously mentioned, there are differing legal opinions on GDPR compliance and on how the 11 chapters and 91 articles are interpreted; but, it does impact way more than just marketers in many cases so assigning a compliance officer and possibly a compliance team is a good step.
Other GDPR requirements noted by the Digital Guardian include:
- Requiring the consent for data processing
- Anonymizing collected data to protect privacy
- Providing data breach notifications
- Safely handling the transfer of data across borders
- Requiring certain companies to appoint a data protection officer
- Other sources have also noted requirements on how long data is stored.
Action Items for the Changing Privacy Landscape
Remember permission marketing where everyone actually asked before adding your name to their list? Well, it’s time to bring that retro idea back as it is now actually being enforced!
Here is a starter privacy checklist for marketers, though laws and interpretations are still evolving:
- Assign a compliance officer and possibly a team to manage compliance and privacy concerns.
- Clean up your marketing list and your customer relationship management (CRM) database. It likely needed a good purge anyway.
- Update (or add) a privacy policy to your site and let people know. These should NOT be legalese but easy to understand and offer a way for people to know how you are using their information; assure them you are taking proper security precautions; and that you are not selling their information. You should also offer ways for them to inquire about the data you have about them and allow them to unsubscribe from your marketing list or even be forgotten from your list. It happens, and you don’t want to waste time and money chasing people who are not likely to become customers.
- Ask for consent to contact users when they complete a form on your website, provide information to receive something or become customers. Having a system to manage who has given permission is needed as well.
- Honor ALL requests to know what information you have on people on your list or to be removed from your marketing contact list or forgotten by your company. Having a process in place to manage these requests is even more important.
Can My Email Marketing Efforts Still Thrive?
Email marketing can still be a good source to generate leads and new business, if managed properly. The biggest tip I can offer beyond the above list is simple: CONTENT IS KING! If you are providing content and information worthy of users’ time and attention, consent and privacy concerns will not be an insurmountable obstacle.
As always, Foster Marketing is here to help with all your digital and other marketing needs. Contact us at 337-235-1848 or visit us online at fostermarketing.com.