Features Pricing Learning keyboard_arrow_down How It Works Video GDPR Blog Case Studies Managed Campaigns For Small Business Free Marketing Plan Resourceskeyboard_arrow_down Why It Works Open Account Building Lists What Are Bounces? Why UK Based? Email marketing mistakes Email best practices Free email marketing templates Google analytics Email browser compatibility Company keyboard_arrow_down Contact About Us Meet The Team UK Based Reviews Email Marketing Open Your Free Account

GDPR: Can UK companies still use US based email marketing suppliers?

Published: 29th January 2018

GDPR and Privacy Shield



If you are a UK company using a U.S based email marketing supplier, then there are some big changes on the way this year.

On May the 25th this year, the law is changing regarding how you collect, store and use your contact's private information. This new law is called GDPR, this stands for the General Data Protection Regulation. One of the principle areas affected by this is email marketing.

There are quite a few web based email marketing software solutions that make it easy for you to log in, upload your contacts and send a mailer to them. Over the past few years these applications have become incredibly popular.

Lots of these are base outside of the UK and some of the most popular are based outside of the E.U. It is important to bear in mind that if you are using one of these that is based in the U.S for example, when you upload your contact to their servers that you are exporting your contact's private information to another country.

By exporting your data in this way, you are leaving the protection of UK and currently EU laws, designed to protect the privacy rights of your contacts.

What does the EU say about using offshore suppliers?



The E.U says:

"Transfers may be made where the Commission has decided that a third country, a territory or one or more specific sectors in the third country, or an international organisation ensures an adequate level of protection."

So, GDPR does not prohibit you from using a U.S supplier for example - but the destination country for your data needs to have a data protection regulation in place that has been ratified by the E.U

They also say:

"Individuals' rights must be enforceable and effective legal remedies for individuals must be available following the transfer.

This means that an adequate and approved framework must be in place so that legal channels exist that EU citizens can pursue if they feel that their personal data has been misused by the company holding it."


What view does the EU take on using US companies?



Well, it's been an interesting few years regarding the frameworks that the U.S have had in place to regulate the use and transfer of private data.

Up until a few years ago, there was an agreement called 'The Safe Harbour' agreement in place. This agreement did not adequately cover the rights of E.U citizens according to the E.U, so it was therefore not recognized as an adequate level of cover.

In the summer of 2016, the U.S launched Privacy Shield, this agreement would hopefully meet the approval of the E.U. At this point there was no formal agreement in place that met the agreement of the E.U, Safe Harbour had completely broken down over that period.



The E.U have said that they recognise Privacy Shield if it incorporates the following provisions:


  • Strong obligations on companies handling Europeans' personal data and robust enforcement

  • Clear safeguards and transparency obligations on U.S. government access

  • Effective protection of EU citizens' rights with several redress possibilities



To date these provisions specified by the E.U have not been confirmed by the U.S.

This means that at the time of researching this topic that Privacy Shield, whilst agreed in principle - does not offer the scope of protection that GDPR requires.

What does this mean for UK companies using US suppliers



Well, if nothing changes, then when GDPR goes live in May it means that any UK company storing personal data in the U.S will technically be in breach of GDPR.

The fines for this are pretty substantial: they are upto 20 million euros o4 4% of global turnover.

So, it's really worth any U.K business taking a look at where their suppliers are based. If these suppliers are storing you databases in the U.S then it's time to take a look at changing suppliers.

What are the problems that UK companies may encounter?



Well, if you are using a U.S based company then the route for protecting your data from potential misuse by your U.S supplier is practically non existent for E.U companies.

In this country we have the full protection of the ICO, any U.K email marketing supplier will be registered with the ICO. This means that an easy to access channel is in place should you wish to make a complaint if you feel your data has been misused.

The Daily telegraphs says:

"Even with full compliance, storing your data in a different country can add complication to your business. For a start, you have the added problem that your data is subject to foreign law enforcement agencies and laws.

This may mean that you have to deal with legal challenges and law enforcement agencies that you find it difficult to communicate with."


Check list for a new supplier



Ok, so if you are currently with a supplier based outside of the GDPR zone, then perhaps it's time to start looking for a GDPR compliant supplier.

Sometimes, even if a company is based in the U.K - they may use servers that are based in the U.S. This still constitutes a breach of GDPR as your data is leaving the country.

With that in mind we've put together a handy checklist of questions to ask:

  • Can you please tell me where your servers are based?

  • Can I see your certificate of GDPR compliance?

  • Do you subcontract any part of your service to a third party

  • Do you have an appointed data protection officer (DPO)

  • Are you registered with the ICO?

  • Does your data centre hold any kind of ISO accreditations?


Summary



Ok, so there we are. So at this time, the E.U do not have sufficient comfort that The America Privacy Shield covers the rights of E.U citizens or offers a recognised route should they feel that their data has been misused.

So in order to get ready for GDPR, perhaps it's worth double checking that your email marketing software provider is GDPR compliant.


Continue watching
play_arrow
tips
Email Blaster Email Marketing Ad
A small 6 second bumper advert of our office pup, Monty doing his thing for the camera. #emailmarketing #emailmarketingsoftware
play_arrow
tips
Email Marketing by Email Blaster
Welcome to our email marketing channel. We upload weekly videos covering everything to do with email marketing. If you'd like to try our software, you are welcome to open a free account and explore: https://emailblasteruk.com/free Don't forget to subscribe to our channel to get alerts for new videos. #emailmarketing #howto #software
play_arrow
tips
Successful Email Marketing Strategy 2019
In this video, we take a look at the key principles of successful email marketing in 2019. Following these simple steps will give you all of the tools and knowledge to carry out consistently successful email marketing campaigns in 2019. #emailmarketing #emailmarketingtips
play_arrow
tips
Email Blaster Dogs, behind the scenes
We had such fun with your doggie talent making our email marketing video advertisement, that we thought we'd publish the behind the scenes. We view the finished video, please click below: https://youtu.be/W_GTYbQ6MkI ______________________________________________ To find out more about email blaster, please click below: https://www.emailblasteruk.com ______________________________________________ #emailmarketing #emailblaster #funnydogs
play_arrow
tips
Email Marketing by Email Blaster
Sending great looking email marketing is quick and easy with Email Blaster. Our office dogs all got together to make a little intro video, showing how quick and easy it is to create great looking email marketing with Email Blaster. _______________________________________________________________ Open a free account and explore email blaster: https://www.emailblasteruk.com/ _______________________________________________________________ #EmailMarketing #DigitalMarketing #EmailBlaster
play_arrow
tips
What is Email Marketing?
What is Email Marketing and how to do it. If you are responsible for the marketing for your business, nowadays it’s quite a demanding role. Usually the budget is always stretched and it’s really important to get a decent return on the money that you are investing in marketing. _________________________________________________ RESOURCES AND LINKS 👉 Further further information on Email Marketing: http://www.emailblasteruk.com/email-marketing 👉 Looking for a UK based Email Marketing company?: http://www.emailblasteruk.com _________________________________________________ With such a wide choice, it’s tough to know whether to look at traditional methods such as; newspaper adverts, flyers, trade publications, printed mailouts, trade shows or modern mediums such as: social media & email marketing. So what do you do, all of them? Some of them? or none of the above? In this video, we are going to look at what email marketing is, how to make it work - and why it’s something you should definitely be looking at for your business. 01:15 What is email marketing? Email marketing is sending an electronic message to lots of people at the same time. Typically it’s done with online software, using email marketing software to do this makes the whole process very easy. Email marketing software will normally have lots of inbuilt features that make the whole thing very easy. If you are new to email marketing and find the whole concept a bit daunting - decent software will take the mystery out of it. 02:48 What are the main advantages with email marketing? The great thing about email marketing is that with the aid of decent software it’s so easy to do, it offers lots of really great advantages over traditional methods 06:33 What to look for in a new supplier? Ok, so we’ve looked at what it is, how to do it and why it works so well. Now let’s take a look at what you should bear in mind when looking for new email marketing software. There are lots of different companies all over the world offering a diverse range of software packages to send your email marketing, so it’s a tough choice. 07:00 Email marketing and GDPR If you are a UK company then you need to be aware of GDPR. This is an EU law that was launched recently, it governs how securely you store your contacts private information - such as their email address for example. #emailmarketing #digitalmarketing #emailblaster
send beautiful email.
get started
Give us a call
01327
438077
Connect
Let's go
Where? Unit 10A
Burcote Wood Business Park
Towcester
Northants
NN12 8TA
Email Blaster is a trading name of JC Peters Ltd registered in England & Wales no. 07168254
UK based servers.