Overcoming Challenges With GDPR and CAN-SPAM Compliance

Tackling the Hurdles of Data Privacy and Email Marketing Laws

Navigating the intricacies of email compliance can be a formidable task for any business. With insights from distinguished owners and CEOs, this Q&A session sheds light on overcoming these complex challenges. The article opens with advice on updating sign-up forms for compliance and concludes with offering subscribers a pause option, featuring a total of seven expert insights. Dive in to discover actionable strategies from industry leaders.

 

Update Sign-Up Forms for Compliance

 

One challenge I faced with email compliance was ensuring our subscriber-data-collection methods were fully compliant with GDPR, particularly around obtaining explicit consent. Initially, we realized our sign-up forms were not clear enough in explaining how subscriber data would be used, which put us at risk of noncompliance.

To overcome this, we updated our sign-up forms to include clear consent checkboxes and detailed privacy-policy links, making sure that subscribers knew exactly what they were opting into. This change not only ensured compliance but also improved trust with our audience, as they appreciated the transparency. Properly managing consent also helped reduce unsubscribe rates and complaints, positively impacting our email deliverability.

Andrew Lee Jenkins, Owner, Andrew Lee Jenkins

Run a Re-Engagement Campaign

 

One challenge I faced with email compliance involved a client who wanted to use an old list of former customers for a new email-marketing campaign. The list hadn't been maintained for years, and there was no clear consent from recipients, raising concerns about GDPR and CAN-SPAM compliance. We needed to ensure we weren't violating any regulations by emailing people who hadn't opted in recently.

To overcome this, we recommended a re-engagement campaign, which entailed sending an initial email explaining the value of staying on the list and offered recipients the option to opt in to continue receiving communications. This would allow us to clean up the list while ensuring compliance with both GDPR and CAN-SPAM regulations. Those who didn't respond would be removed from future mailings.

Phillip Mandel, CEO, Mandel Marketing

Implement Double Opt-In Mechanisms

 

One challenge we faced with email compliance, particularly GDPR, was ensuring proper consent management for users across different regions. To overcome this, we implemented double opt-in mechanisms and clear consent forms, ensuring that subscribers actively agreed to receive emails.

Additionally, we built features that allow users to easily manage their preferences and unsubscribe, while providing transparency on how their data is used. This not only helped us stay compliant but also built trust with our users, improving engagement and reducing unsubscribes.

Vaibhav Namburi, Founder, Smartlead.ai

Revise Data-Collection Processes

 

One significant challenge I faced with email compliance was ensuring adherence to the GDPR regulations while expanding our email-marketing efforts. As we aimed to grow our subscriber list, we needed to ensure that we were collecting and processing personal data correctly, which required a thorough understanding of the new regulations.

To overcome this challenge, I implemented a comprehensive compliance strategy that included revising our data-collection processes and updating our privacy policy. We adopted a double opt-in method for new subscribers, ensuring they explicitly consented to receive our communications.

Shehar Yar, CEO, Software House

Explain GDPR Clearly to Clients

 

What people don't often talk about is the difficulty in obtaining explicit consent for continued engagement, especially when working with older clients who might not be as tech-savvy. Many are unfamiliar with GDPR rules or how their consent is used, so explaining it clearly, in plain language, has become essential in my practice.

Rather than just sending out blanket consent forms, we found it more effective to walk clients through the process during meetings, making sure they fully understand what they're agreeing to. This way, we ensure their comfort with how their data is handled, which goes a long way in building trust.

Oliver Morrisey, Owner, Director, Empower Wills & Estate Lawyers

Personalize Cold Email Campaigns

 

I find that most people in our space are afraid of cold email campaigns because of GDPR and CAN-SPAM, but the trick is in actually personalizing the emails.

Instead of purchasing lead lists and then firing off generic emails, segment your audience according to ICPs and create customized templates for each. Use spintax to add some variation and avoid spam filters.

As long as you are sending actually valuable emails, you're complying with GDPR and CAN-SPAM.

Lana Rafaela Cindric, Growth Associate, RevBoss

Offer Subscribers a Pause Option

 

One of the more challenging issues that I've faced with email compliance was trying to maintain compliance through re-engagement without abandoning subscribers. You know, once someone isn't engaged for a while, the natural response is to be there and get them back. But when it comes to GDPR, you have the question of what constitutes valid consent, particularly if you've been away. What was tricky was how to attract these individuals back without falling into unwelcome communication.

What did work was taking the whole re-engagement strategy on its head. We didn't ask them to engage; instead, we let the subscribers have complete freedom through a “pause” option in the settings. It allowed them to decide whether or not they wanted to leave without unsubscribing in the first place, and we would check in after a certain amount of time to see if they wanted to re-engage. It worked because it held their space without a break in the relationship. And of course, we were completely in compliance because we weren't interrupting anybody—when and how they wanted to return, they decided.

Jason Stelle, Head of SEO, Filterbuy

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