What is GDPR?

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If you send marketing email to anyone in the EU, GDPR applies to you. It doesn't matter where your company is based.

GDPR (General Data Protection Regulation) is EU law, in force since May 2018, governing how organizations collect, use, store, and share personal data of EU residents. For email marketers, the core requirement is consent: you need an affirmative opt-in before sending marketing email. Pre-checked boxes don't count. Purchased lists don't count. Consent from a previous transaction doesn't automatically carry over to marketing.

GDPR also gives individuals rights over their data: the right to see what you hold, request corrections, ask for deletion (the "right to be forgotten"), and export their data in usable format. You need to be able to honor these requests when they come in.

The penalties are real. Fines can reach €20 million or 4% of global annual revenue, whichever is higher. Regulators have fined organizations of many sizes, though enforcement tends to focus on systematic non-compliance rather than good-faith mistakes.

For email specifically, GDPR shapes your consent collection, your recordkeeping practices, and how you handle unsubscribes. If you're not sure whether your current setup meets the requirements, we're happy to take a look. SOS call is free.

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Help me figure out if my email program meets GDPR requirements.

I read this on the Email Almanac about GDPR. I want to understand whether my email program is GDPR-compliant and what I'd need to change if not. My situation: 1. Do I have EU subscribers or EU website visitors? yes / no / unsure 2. How do subscribers currently sign up? [single opt-in / double opt-in / at purchase / imported list / other] 3. Do I have a way to delete subscriber data on request? yes / no / unsure 4. Do I have a Data Processing Agreement with my ESP? yes / no / unsure 5. If someone emails asking what data I hold on them, can I answer? yes / no / not sure --- My details: - Email platform/ESP: e.g. Mailchimp, Kit, ActiveCampaign, HubSpot - Domain(s): your sending domain - Business location: country - Audience locations: US / EU / Canada / global - Business type: B2B / B2C / newsletter / e-commerce / other - Privacy policy in place: yes / no / in progress - Consent records stored: yes / no / partially

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