Email Marketing Compliance with Data Privacy Laws (e.g., PDPA, GDPR)

Email marketing compliance with data privacy laws such as PDPA (Singapore) and GDPR (EU) requires obtaining explicit consent, providing clear opt-out mechanisms, and ensuring transparency in data handling.

Under GDPR, businesses must:

• Obtain explicit, active opt-in consent before sending marketing emails; pre-checked boxes or implied consent are not valid.
• Clearly identify themselves in emails, including company name and contact details.
• Provide an accessible privacy policy explaining how personal data is collected, used, and shared.
• Use a double opt-in process to confirm subscriptions.
• Include an unsubscribe link in every email, allowing users to revoke consent at any time.
• Remove or anonymise email addresses upon unsubscribe requests.
• Allow users to exercise their GDPR rights such as data access and deletion.
• Implement appropriate technical and organisational measures to secure personal data.

Under Singapore’s PDPA and the Spam Control Act:

• Consent is also required before sending marketing emails.
• The sender must clearly identify themselves and provide valid contact information.
• Recipients must be given a clear and easy way to opt out of receiving further emails.
• Personal data used for marketing must be handled according to PDPA principles, including limiting use to the purposes consented to and protecting data from misuse.
• Unlike GDPR, PDPA excludes public agencies but similarly requires consent and transparency in data processing.

Common compliance practices across these laws include:

• Obtaining explicit consent before sending marketing emails.
• Providing clear, easy-to-use unsubscribe options in every email.
• Maintaining transparent privacy policies detailing data use and rights.
• Ensuring data security through encryption and access controls.
• Honouring user requests for data access, correction, or deletion promptly.
• Avoiding deceptive sender information or misleading subject lines.

In summary, to comply with GDPR and PDPA in email marketing, businesses must prioritise explicit consent, transparency, user control over data, and secure data handling while respecting the specific legal requirements of each jurisdiction.