how does GDPR relate to email marketing?
GDPR now requires that all of your subscribers have agreed to receive your email marketing via a POSITIVE OPT-IN.
Positive opt-in is defined as;
Subject agreed to opt-in by a positive action - ticking a box is sufficient. Pre-selected subscribe boxes (soft opt-in) are no longer lawful.
- Subject has been made aware what they are opting in to, i.e who is permitted to send them emails. If it is any third party (such as is the case with a purchased list) this must have been made clear at the opt-in stage.
- As a Processor, email blaster is legally bound to require a Controller to affirm that their email list has been obtained by a POSITIVE OPT-IN process.
- In email blaster’s contract, there is the requirement for the Controller to positively affirm that their list meets the POSITIVE OPT-IN requirement.