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GDPR Guidelines for Email Marketing

Beefree team
Beefree team
Aug 6, 2020
GDPR Guidelines for Email Marketing
GDPR Guidelines for Email Marketing

In order to do email marketing, you have to collect a lot of personal data from your customers. It’s your responsibility to keep that data private and safe — and that’s where the GDPR comes in.As an email marketer, you’re probably familiar with the GDPR. But it’s essential to double check that your business is complying with GDPR email marketing best practices. If you need to brush up on the guidelines for GDPR marketing consent, keep reading to learn more about these regulations and what your GDPR emails should look like.

In order to do email marketing, you have to collect a lot of personal data from your customers. It’s your responsibility to keep that data private and safe — and that’s where the GDPR comes in.

What is the GDPR?

The GDPR, or General Data Protection Regulation, is a set of rules for marketers that aims to protect consumer data. These regulations went into effect on May 25, 2018. They apply to all businesses and online consumers located in the EU. Under the GDPR, businesses need to take extra steps to ensure they’re protecting their customers’ personal data and keeping it private. Keeping track of this data is your responsibility, not the responsibility of your email service provider. And businesses that breach the GDPR or don’t follow its guidelines may have to pay a hefty fine.

How does the GDPR affect email marketing?

GDPR email marketing is all about receiving consent. As an email marketer, you need to obtain your customers’ explicit and freely given consent before sending them any promotional emails. When someone new signs up for your email list, they need to be well-informed about what they’re going to receive from you and what you’re going to do with their personal data (namely, keep it private).It’s also important to analyze your current email list and make sure you have proof of consent for every subscriber. You should know how, when and why your current subscribers got on your email list. Keep a screenshot of your opt-in form, the date and time someone filled it in and what source they came from. According to the GDPR, if you don’t keep a record of consent, the consent itself is not valid. If you can’t prove how your current subscribers gave their consent, you’ll need to send a re-engagement email to ask for their consent again.

GDPR email marketing best practices

Here’s what you should know about GDPR marketing consent and how to abide by the GDPR in your marketing communications.

Get permission

GDPR email marketing starts before you ever send a marketing email. The first step is getting informed consent from subscribers. This means that your customers need to understand what they’re signing up for and how you’re going to use their data. For example, pet food company Canidae provides the following message for its website visitors:

gdpr opt-in form

Use a double opt-in

Many businesses decide to use a double opt-in to get consent from users. While a double opt-in isn’t mandated under the GDPR, it can still be a good way to make sure you’re doing everything by the book.With a single opt-in, a user fills out a form and gives their consent to receive emails, and that’s it — they’re all signed up. With a double opt-in, however, there’s one more step: Users fill out your website form, receive an email double-checking that they want to sign up and then give their final consent through that email. Abilitee Adaptive Wear sends this simple email for its double opt-in.Subject line: Confirm your subscription 

gdpr email marketing opt-in

If you send several different types of content, you’ll need to get separate permission for each one. You can do this by adding several individual checkboxes to your opt-in form. Don’t bundle everything together for one-click consent — this violates the GDPR.

Be honest

One final component of GDPR email marketing is to make sure all of your marketing communications are honest. Be transparent about who’s sending the email. Include your company’s address to identify yourself, and don’t send any fraudulent content.This welcome email is very obviously from Halo Top — the sender’s email, brand logo, the address at the bottom and all of the other aspects of the message signal who it’s from. In compliance with the GDPR, Halo Top clearly states what readers can expect and offers multiple unsubscribe options in the footer.Subject line: Halo, is it me you’re looking for?

gdpr email example

Wrap-up: GDPR email templates

Need to send a re-engagement email to make sure you have your readers’ consent? Use our GDPR email templates! This colorful message, designed by Martin Nikolchev, lets customers opt in with ease:

Use this template in Beefree!

Use this template in Beefree!

We also have a creative Opt In Again email template, created by Galina Grahovska and meant for users who need to resubscribe:

Use this template in Beefree!

Use this template in Beefree!

Follow these key GDPR email marketing best practices to make sure your business is doing everything by the book!

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GDPR email marketing cover

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For user these spam filters help ensure a smooth email experience, free of spammy and fishy emails. However, as email marketers, these filters lead us to be overly cautious out of fear that our emails are not accidentally filtered out.

Whether you’re employing a lifecycle email marketing strategy or simply confirming an order, we’ve outlined the basics of how spam prevention works, why it matters, and how to avoid running afoul of some commonly used triggers.

Why you need to avoid email spam triggers

Whether you’re an ESG reporting software or a travel company email spam triggers can email marketing performance and in turn hurt your business. For one, there’s the obvious reason that if your emails get sent to the spam folder, they probably won’t be seen. That's time and effort wasted.

Beyond that, being sent to the spam folder too many times delegitimizes your email marketing, which damages what’s known as your sender reputation. When just starting out, this reputation is effectively neutral. But if it gets too low, it could damage your marketing performance and even result in being blocklisted.

How email spam filtering works

As mentioned above, spam filters are implemented as a form of quality assurance and protection for end-users. Here's how ESPs determine content to be spam:

  • Sender reputation analysis: ESPs check sender reputation based on authentication, user complaints, bounce rates and sending patterns. They’ll also check the reputations of your IP address and web domain.

  • Content analysis: Content filtering uses triggers like keywords, formatting and error detection to distinguish spam from legitimate email marketing.

  • Blacklists: Along with sender reputation metrics, ESPs also cross-reference email senders against any of several blacklist databases. Being on even one of these means you’ll struggle to climb out of the spam folder at all.

8 common email spam triggers and how to avoid them

Now let's get to the good stuff. Prevention is generally the best strategy when it comes to avoiding email spam triggers. Here are seven factors commonly used by ESPs to filter spam emails, and the simplest solutions for dealing with them.

1. Lack of authentication

Missing authentication is one of the first red flags an ESP will pick up on. Authentication shows you’ve taken certain steps to establish legitimacy. It’s also used to prevent fraudsters from impersonating your brand online. There are three commonly used forms of email authentication:

  • Sender Policy Framework (SPF): This means publishing a list of mail servers and IPs with permission to send messages using your domain. This is one reason it’s important to conduct email marketing through a branded business email, rather than a personal account.

  • Domain Keys Identified Mail (DKIM): A cryptographic signature which shows a message’s original content has not been altered during sending. Think of it like the tamper-proof seal on a bottle of milk.

  • Domain-based Message Authentication, Reporting and Conformance (DMARC): A way for you to establish how you want receiving platforms to handle authentication failures related to your domain.

2. Shady linking practices

Link placement and presentation play an important role in email marketing. Aside from engaging recipients and securing click-throughs, using links appropriately helps avoid your emails looking like spam.

Questionable linking practices include:

  • Links to domains with poor reputations
  • Excessive numbers of in-email links
  • Compressed, modified or obscured links, particularly when generic link shorteners are used

Only link to your own authenticated domain. Also, use an unlimited bandwidth VPS to help ensure your website access speed is always stable and fast. This will give visitors the assurance that your site is legitimate.

Don’t forget to make the purpose of any in-email link absolutely clear.  

3. Content

Although the reason for an email landing in a spam folder is often related to authentication, reputation, or poor formatting, content can at times be the culprit. Here are elements that you should look at if you suspect that your content is why your emails are not reaching their recipients:

  • Typos
  • Irrelevant content that doesn’t foster positive engagement
  • Poorly translated text
  • Partner content with poor reputation
  • Possibly offensive content
  • URLs or images with poor reputation

Another thing to note is language detection filters. Various words, phrases and tone choices have strong associations with scam emails. This includes certain buzzwords, vague or exaggerated claims, or excessive sales jargon. However, this is only really an issue when you already have a bad reputation.

Nevertheless, let’s say you’re beginning to build your reputation back up and are conducting Black Friday email marketing. While it’s important to use engaging language and strong CTAs, you should avoid terms like:

  • Limited time only
  • 100% free
  • Make money from home
  • Avoid bankruptcy
  • You have won

4. Bounce rates

A ‘bounce’ is when an email doesn’t arrive in the recipient’s inbox. This could be due to it being sent to a fake email address, an out-of-date email that is no longer in use, a full inbox, etc.

When a sender frequently experiences high bounce rates for their emails, this damages their reputation with ESPs.

But how do you improve bounce rates and, therefore, your reputation? The best way is to have good segmentation practices to ensure the right content goes out to the right people. You should also keep your list clean by regularly evaluating it and removing hard-bounce email addresses as well as inactive subscribers.

Moreover, ensure you send relevant messages that your audience actually wants to receive. Of course, always be mindful of the rest of the triggers on this list to make sure you’re protecting your sender reputation.

5. Misleading email subjects

Even if you’re not trying to do anything malicious, misleading subject lines can trigger email spam filters. For example, an email might claim to promote educational B2B content about internal audit controls. Then, instead, link the user to a landing page to sell them a product.

Always set clear topic sentences as email subject lines. Try to summarize the content and intent of the email. If you’re sending a welcome email for customer retention or promoting, say, a product or sale, make it obvious before the recipient clicks on it.

6. Poorly written and formatted emails

Poor formatting and low-quality writing are other important email spam triggers. Common writing triggers include:

  • Overly vague language lacking personal detail
  • Typos and spelling errors
  • Being too brief

A marketing email can trigger spam filters if it lacks formatting of any kind, or if there are inconsistencies. It’s also suspicious when marketing emails lack branded color schemes, imagery or the correct logo design.
Avoiding these email triggers is simply a matter of emphasizing professional communication standards in email marketing.

7. Poor engagement

Low engagement manifests itself through a lack of interaction with your emails from the recipients—low open rates, click-through rates, and conversion rates, as well as low subscriber count are all indications. 

Consistently low engagement will likely result in your emails being filtered into spam. To combat this, you should strive to deliver good and captivating content tailored to your audience. More specifically, you can:

  • Use segmentation to personalize your emails and craft the most compelling content for each segment.
  • Put together attractive subject lines
  • Make use of solid and clear CTAs

8. Getting blacklisted

Improving your sender reputation, also means you don’t run the risk of being blacklisted. Blacklists are a useful prevention tool, but if you end up on one of these lists, your email marketing is more or less guaranteed to end up in spam folders.

Aim for prevention with email security and compliance training, and don’t send unsolicited marketing emails. You can also use a blacklist checking tool to make sure your sender emails haven’t been compromised.

Maintaining your sender reputation is essential

Email spam triggers aren’t all bad, they ensure that your well crafted messages aren’t drowned out and that users are able to easily see the emails they’re interested in. 

To reap these benefits, you need to keep an eye on these triggers and protect your sender reputation. Don’t worry, though. It’s easy to deliver marketing copy that avoids email spam triggers once you know what they’re looking for.

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#1. Unique, tailored experiences 

Damian Grabarczyk, the co-founder and growth marketer of PetLab Co., says, “We faced the challenge of connecting meaningfully with an audience that expects more than one-size-fits-all communication.” 

When we speak about crafting tailored emails we mean going beyond the recipient's first name in the subject line. We’re talking about optimizing your entire email strategy to design multi-stage touchpoints to nurture leads across the customer lifecycle. As well as, leveraging data to send hyper-personalized, relevant, and engaging emails that feel less like a broadcast message and more like a conversation. 

Many are using AI machine learning algorithms and AI automation to analyze customer interactions, past purchases, browsing habits, website visits, and even social media behavior to curate engaging email content that resonates deeply with the real-time needs of recipients.

For PetLab Co this looked like including content such as an individual’s pet health history or product usage timelines. Damian Grabarzyk expands, “This approach transformed the conversion rate and strengthened customer loyalty. As we look ahead, I see brands in 2025 moving beyond generic personalization to adopt strategies that make customers feel truly understood and valued.”

On the other hand, many are leaning into user-generated content (UGC) for crafting tailored experiences. Customers today are more likely to trust the opinions of peers over branded messages. UGC like customer reviews, testimonials, videos, and photos are the best form of social proof depicting real people using and benefitting from your products or services. 

We see the benefits of using both AI and UGC to get the most out of your email conversions ;). 

#2. AI tools as an addition, not a substitution

Experts at NordPass state, "AI-powered content generation tools are not here to replace email copywriters and marketers. These tools make us more efficient. The smarter the tool is, the better equipped we are to create high-performing email content that drives results." 

AI tools can support us by significantly enhancing the speed, precision, and effectiveness of your emails. For instance while traditionally A/B testing has required a lot of time to analyze small variations with AI you quickly implement and test multiple email elements and make adjustments based on real-time engagement data. There are AI algorithms that can even predict which variations are most likely to resonate with different audience segments, leading to more accurate targeting and faster optimization.

In short, AI tools are revolutionizing the way we craft and optimize our email’s deliverability. There are many different types of AI solutions so we suggest finding the right one for your needs. 

#3. Even more transparency around data

With AI continuing to rise, folks are more and more concerned about where their data is going. That’s where zero-party data collection becomes a key strategy in email marketing, allowing you to gather data directly from customers rather than relying on third-party sources. 

Zero-party data includes information that consumers willingly share, such as preferences, interests, and purchase intentions. This data is often collected through surveys, preference centers, quizzes, or interactive content and is highly valuable because it is shared explicitly, ensuring accuracy and deeper personalization without privacy concerns associated with third-party tracking.

As privacy regulations tighten, zero-party data will empower you to deliver hyper-personalized email experiences while respecting user privacy. This approach will help you build trust, as customers feel more in control of their data, and you gain insights that lead to more relevant and engaging email content.

#4. The death of static emails

With attention span getting shorter day after day, digest-format emails are expected to rise in popularity in 2025. Presenting email content in an easy-to-scan, organized, and minimalistic layout will surely help deliver the most relevant information in a fraction of the time. 

Additionally, interactive emails will allow recipients to directly engage within the email without having to visit a landing page or website. Interactive elements like product carousels, polls, and quizzes create a dynamic experience that keeps subscribers engaged, especially in visually driven industries like fashion brands

So what now? 

You’ve heard these strategies before, but now it’s time to actually put them into action. The brands that win at email marketing in 2025 won’t just be sending emails—they’ll be creating experiences. Whether it’s hyper-personalized content, AI-driven efficiency, zero-party data collection, or interactive emails that break the mold, the key is to stay ahead of the curve.

So, what’s the first strategy you’ll finally implement? Your inbox (and your audience) are waiting.

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