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Why it’s crucial to ensure email marketing is GDPR compliant
GDPREU with expert advice on email marketing and compliance, including what it means for data collation, erasure, processing and how it relates to marketing
While email marketing may not be the first thing that springs to mind when planning for GDPR (General Data Protection Regulation) compliance, it must be handled just as carefully as other digital marketing channels.
Since its introduction in May 2018, the GDPR has required every organisation to protect personal data in all forms.
The rules around consent, data protection, and privacy rights are still central to how businesses can legally send marketing emails.
Email marketing has been around for decades, but the volume of emails sent daily is staggering. According to Statista, last year (2024) there were 361.6 emails sent and in 2025 is to be expected over 376.4 billion!
So, with such high numbers, businesses must ensure they are processing and protecting personal data legally.
In this blog post, we’re going to have a look at what GDPR compliance means for email marketing campaigns and how businesses can stay compliant while maintaining effective engagement.
In case you didn’t know, GDPR is basically keeping personal information safe and making sure businesses don’t misuse it. If you’re handling customer data, whether that’s collecting email addresses, tracking website visits, or managing customer details then you need to follow the rules!
GDPR applies to any organisation that collects, processes, or stores personal data from individuals in the UK or EU—regardless of where the business itself is based. So even if your company is based outside of these regions, you still need to comply if you’re dealing with UK or EU customers.
Personal data includes any information that can directly or indirectly identify an individual. In email marketing, this covers email addresses, names, phone numbers, IP addresses, and even behavioural data like customer preferences and engagement history.
With GDPR laying down the rules on handling personal data, let’s look at what this actually means for email marketing compliance—how businesses can stay compliant while making sure their emails still perform.
Email marketing remains one of the best and hugesly used digital marketing channels, but with billions of emails sent daily, businesses need to be aware of how GDPR applies.
The average office worker gets 121 emails a day, but only around 40 of those are actually related to work.
The rest? A mix of spam, newsletters, and email marketing campaigns—all competing for attention in a crowded inbox.
Despite claims that email marketing is losing its impact, statistics tell a different story:
Building strong customer relationships is key to long-term business success, and email marketing plays a big role in keeping that connection alive.
Just under three-quarters of customers say they prefer email to communicate with businesses.
For businesses, email marketing statistics show it offers a strong return on investment (ROI).
For example, recent data shows that businesses typically make around $40 for every $1 spent on email campaigns, proving just how effective email marketing can be in driving revenue and customer engagement
A successful email campaign:
If a business is based in the EU or UK, then a form of GDPR applies to them. This means you need to make sure your campaigns comply with legal requirements to avoid penalties.
GDPR applies to any organisation that handles personal data from EU or UK residents, no matter where they’re based. So, even if a company operates outside these regions, if they’re collecting or processing data from EU or UK individuals, they need to comply.
Failing to meet GDPR requirements can lead to hefty penalties—fines can reach up to 4% of global revenue or €20 million (whichever is higher). And it’s not just data breaches that can land businesses in trouble—failing to meet key principles like transparency, security or consent management can also result in fines.
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When it comes to email marketing, most businesses rely on explicit consent, but GDPR does allow emails to be sent under legitimate interest in some cases. If a business can prove that its emails are relevant, necessary, and not intrusive, it might not need an opt-in. That said, they must document why legitimate interest applies and always offer an easy way for recipients to opt-out.
The GDPR requires “data protection by design and default”. This means that organisations have to always include data protection for any new or existing services or products.
To comply, businesses should adopt technical measures such as:
Although encryption isn’t mandatory, it’s a smart way to add an extra layer of security and reduce the risk of data breaches.
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GDPR also requires businesses to keep detailed records of how they collect and process personal data, which means having a clear audit trail of consent, email lists and security measures. Keeping proper records helps businesses prove compliance if they’re ever audited.
Think about how many emails you have in your inbox. Most people rarely – if ever – take the time to delete backed up emails.
When it comes to GDPR, personal data should only be kept for as long as it’s needed—hanging onto it unnecessarily just adds risk and potential compliance headaches.
The ‘Right to Be Forgotten’ (Article 17 GDPR) is an important one to be aware of. It allows individuals to request the deletion of their personal data without unnecessary delay, so businesses need a proper system in place to handle these requests smoothly.
If there’s ever a data breach and a company is found holding more personal data than it actually needs, there’s a much greater chance of facing penalties under GDPR—something no business wants to deal with.
Under Article 6 GDPR, businesses can only collect, store, and use data under one of six legal frameworks.
The most relevant for email marketing is consent, which must be:
Under Article 13 and the ePrivacy Directive, businesses can send marketing emails to customers after a sale if:
Every email must include a clearly signposted unsubscribe link, making it easy for recipients to opt out if they no longer want to receive marketing messages. Keeping this process straightforward helps maintain trust and ensures compliance with GDPR.
Modern email marketing platforms make it easy to design engaging campaigns—but they must also make it just as easy for users to opt-out.
To comply with GDPR, businesses must:
A marketing email only violates GDPR if:
GDPR hasn’t killed email marketing—it’s just made businesses think smarter about how they handle personal data. Keep things secure, respect consent and email marketing will continue to be one of the best ways to connect with customers.
Following GDPR properly means businesses can keep using email marketing effectively without running into compliance issues. Making sure personal data is handled securely and appropriate security measures are in place helps protect both businesses and customers.
Whether you’re a data controller or a data processor, it’s on you to process data responsibly and prevent unauthorised or unlawful processing. Doing it right keeps customers’ trust intact and avoids unnecessary legal headaches.
If your company’s reputation has taken a hit—whether from a GDPR compliance issue, a data breach, or negative press—now is the time to take control. Igniyte’s reputation management experts help businesses recover trust, strengthen their digital presence, and navigate complex compliance challenges. Don’t let past mistakes define your brand. Get in touch today and start building a more resilient reputation.
