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GDPR: Email Marketing in the Age of Digital Privacy
Email marketing is becoming more complicated as digital privacy laws like the GDPR and the CCPA reshape what businesses can and can't do. Here's what to know before launching your next campaign.
Written by: Adam Uzialko, Senior EditorUpdated Jan 23, 2026
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Table of Contents
We’re operating in an era of heightened data privacy, where governments around the world are putting new limits in place on how organizations collect and use personal data. These laws have sweeping effects on how businesses connect with potential customers online, including everyday practices such as email marketing. In particular, the General Data Protection Regulation (GDPR) is widely considered the world’s strongest data privacy and security law.
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If you’re thinking about launching an email marketing campaign, you need to understand which data privacy laws apply to your business. Failure to comply can lead to significant financial penalties and damage to your brand’s reputation.
What is a data privacy law?
Data privacy laws are regulations designed to protect individuals’ rights to a basic standard of data privacy and security. They typically spell out how companies can collect and use personal data and how businesses must inform users about that collection and use. These rules are often broad, shaping nearly every digital interaction a business has with customers, including common channels like email marketing.
One of the most prominent examples is the European Union’s GDPR, which set a global benchmark for privacy protection. In the United States, the California Consumer Privacy Act (CCPA) introduced similar protections and helped spark a wave of state-level privacy laws.
Understanding these laws — both for staying compliant today and keeping up with future privacy trends — is essential for any business involved in digital marketing strategies or data collection.
What is the GDPR?
The GDPR is the European Union’s overarching data privacy law, designed to create consistent privacy rules across all 27 member countries. If your business collects or uses data from people in the European Union, the GDPR is something you need to pay attention to. What surprises many businesses is that location doesn’t matter; companies based in the United States can still be subject to the GDPR if they interact with EU-based users.
When it comes to email marketing, the GDPR requires businesses to obtain clear, explicit consent before contacting anyone by email. This is known as opt-in consent and results in what’s called opt-in email marketing. In other words, before sending marketing emails, businesses must be sure they have permission from the recipient.
Under the GDPR, businesses need to be able to explain how they received a person’s consent and keep track of who has since opted out or unsubscribed. Companies must also respect requests to delete personal information. On top of that, the regulation expects businesses to collect only the data they actually need, rather than gathering information “just in case.”
Did You Know?
The GDPR set a global benchmark for data privacy, influencing later laws such as the CCPA (and its expansion, the California Privacy Rights Act).
The cost of GDPR violations
Violating the GDPR can lead to significant financial penalties. Under the regulation, less serious infringements can result in GDPR fines of up to €10 million or 2 percent of a company’s worldwide annual revenue, whichever is higher. More serious violations can trigger fines of up to €20 million or 4 percent of global annual revenue, again depending on which amount is greater.
Enforcement has been active and highly visible in recent years. For example, in May 2023, the Irish Data Protection Commission fined Meta €1.2 billion related to user data transfers between the EU and the United States. Cases like this highlight why the risk of large fines and legal action should push businesses to think carefully about how (and how much) user data they collect.
What is the CCPA?
The CCPA is California’s data privacy law. It was modeled largely after the GDPR, though it differs in some important ways. For email marketing purposes, however, many of the core rules are similar.
Like the GDPR, the CCPA treats a user’s email address as personal information. That means users typically must consent to email communications and be able to opt out at any time. Data tied to how someone interacts with your emails, like email open rates and click-through rates, also counts as personal information. If a user asks for their data to be deleted, businesses must remove not just the email address, but any related engagement data as well.
For email marketers, the good news is that CCPA compliance looks largely similar to GDPR compliance. Other parts of the law differ, though, so businesses that collect data beyond email marketing should review both laws with legal counsel to confirm compliance, especially since both laws can apply at the same time.
FYI
In addition to state and international privacy laws, U.S. businesses must also comply with the CAN-SPAM Act, which applies to all commercial email. CAN-SPAM requires accurate sender information, clear identification of marketing messages, and a visible unsubscribe option that is honored promptly.
The cost of CCPA violations
Violating the CCPA can lead to civil penalties ranging from $2,663 per unintentional violation to $7,988 per intentional violation. In some cases, businesses may have up to 30 days to fix the issue and bring their practices into compliance before penalties apply.
While these fines aren’t as steep as the maximum penalties under the GDPR, they can still add up quickly. Because penalties apply per violation, repeated consent issues — such as emailing thousands of contacts without proper permission — can turn into a costly problem fast.
Did You Know?
Ninety-five percent of customers say they won't buy from a company if their data isn't properly protected, according to Cisco's 2025 privacy research.
How does email marketing software help you stay GDPR-compliant?
You can manage GDPR compliance on your own, but it quickly gets complicated. Using one of the best email marketing software platforms takes much of that work off your plate by building privacy and consent rules directly into how campaigns are created, sent and tracked.
Email marketing software helps manage data permissions.
The GDPR requires companies to get permission for the specific type of emails they plan to send. In other words, if someone shares their email address, you can’t assume they’re OK with marketing messages; they need to clearly opt in to receive them.
Most email marketing platforms make this easier by offering opt-in forms where subscribers actively check a box to approve certain types of emails, such as news, events or special offers. Note that boxes to receive information can’t be prechecked; the subscriber must actively check the box themselves for consent to be valid.
For example, as seen below, when setting up forms with Constant Contact in WordPress, you can enable email opt-in so subscribers know exactly what they’re signing up for before they give permission. (Check out our Constant Contact review to learn more about this top-rated email marketing platform.)
Opt-in forms allow subscribers to choose exactly which content they want to receive. Source: Constant Contact
Many email marketing platforms also make it easy to set up a double opt-in process, which can be especially helpful if you’re working with an email marketing list that may not have given explicit permission to receive certain types of content. In this setup, the subscriber receives a confirmation email that explains what kind of messages you plan to send and includes a link to confirm their opt-in.
The GDPR also requires companies to keep records of consent, including who gave permission, when and how they did so, and what information they were shown at the time. This information is typically stored automatically within each contact record in the email marketing platform.
Tip
Many organizations appoint a Data Protection Officer (DPO) to oversee strategy and implementation for GDPR and CCPA compliance as part of their broader cybersecurity and risk management plan.
Email marketing software manages data access and unsubscribe rights.
The GDPR gives EU citizens the right to be forgotten, which means they can ask a company to access, delete or update their personal data. When that happens, businesses are required to comply.
Email marketing platforms help support these rights by automatically including unsubscribe links in email templates and, in many cases, linking subscribers to a profile where they can manage their email preferences directly, as seen below.
Users must have a clear method to check their subscription status or unsubscribe. Source: Constant Contact
Opt-in forms typically also make it clear that subscribers can unsubscribe at any time, and email footers provide a simple way to do so. Once someone unsubscribes, they’re added to a suppression list in your account so they aren’t accidentally emailed again.
Email marketing software boosts data security.
Another GDPR requirement is that businesses take “reasonable and appropriate measures” to keep subscriber data safe.
Most established email marketing platforms come with built-in safeguards designed to keep subscriber data secure, including:
Virus scanning and malware protection (updated frequently)
Continuously monitoring systems for intrusions
FYI
One of the basics of email marketing best practices is making your opt-in language clear, so there's no confusion about what subscribers will receive.
Frequently asked questions about email marketing and data privacy
Here are some common questions about how data privacy laws affect email marketing and how businesses can avoid violating regulations like the GDPR and the CCPA.
Email is closely tied to data privacy because it relies on collecting personal information and requires clear consent, transparency and easy opt-out options under modern privacy laws. It's important to understand the rules around collecting email addresses and when you can legally send messages to them. Just as important, users must always have a clear and easy way to unsubscribe from your email list.
"Email has everything to do with data privacy and is most often where businesses run afoul of digital privacy laws," said Harry Maugans, CEO of Privacy Bee.
To avoid unnecessary data privacy violations, businesses should make it simple for users to unsubscribe from messages and email newsletters. "Opt-outs should be easy and marked clearly, and in no instances should businesses add people to email lists without permission," Maugans advised.
Still, while there are important guidelines to follow, email is generally one of the easier channels to keep compliant, according to Jeff Kupietzky, interim CEO of Aspect Software.
"Email is a safe alternative to cookies and other forms of tracking where the user hasn't given permission for the site or marketer to collect their data," Kupietzky explained. "Email is fully opt-in. By signing up, subscribers have inherently given you permission to market to them and use their data to create a more personalized experience."
Yes. Buying email lists can create serious data privacy risks under both the GDPR and the CCPA. Because people on purchased lists didn't explicitly agree to hear from your business, contacting them often violates consent requirements.
Using purchased email lists as a foundation for your email marketing efforts is especially risky, as it can expose your business to penalties and compliance issues. A safer approach is to grow your email list organically by collecting email addresses directly, such as through a subscription form on your website, where users knowingly opt in.
"The best way to ensure GDPR compliance when sending emails is by having an explicit opt-in checkbox on all subscription forms," advised Melissa Sargeant, chief growth marketing officer at SignUp Genius. "Through this, a company has the exact time, date, country and source through which someone opted in, which is important data to have, especially if they are located in a GDPR country, where alternate requirements may apply."
Beyond compliance concerns, purchased lists also tend to perform poorly because the recipients didn't ask to hear from you. On top of that, many of the addresses may be old or unused, increasing risk without delivering results.
In some cases, yes, but only if certain conditions are met. Existing customers may qualify for what's known as a "soft opt-in," which can allow you to email them without a new explicit opt-in.
For a contact to count as a soft opt-in, all of the following must apply:
You collected their email address during the sale of a product or service.
The emails you send relate to products or services similar to what they already purchased.
You gave them a clear way to opt out when they were added to your email list.
You keep records showing why each contact qualifies as a soft opt-in and how their consent was obtained.
If you're unsure whether your situation qualifies, it's a good idea to check with legal counsel to confirm you're compliant. Another safe option is to send a double opt-in email so customers can clearly confirm they want to hear from you.
At a basic level, compliant email marketing comes down to two things: getting clear permission and being transparent about how you use data. While data privacy laws can seem complex, the rules around email marketing are usually straightforward, and following them helps you avoid fines and unnecessary risk.
"You can run a compliant email campaign without much trouble, as long as you fundamentally don't aggressively target individuals who have not expressed direct interest," said Alexander M. Kehoe, co-founder and operations director of Caveni Digital Solutions. "In many cases, targeting interested individuals is better for your conversions regardless."
Here's how to keep your email marketing efforts on the right side of data privacy laws:
Collect email addresses properly. Make it clear that when users share their email address, they're agreeing to be contacted by you. This often means including an unchecked opt-in box with clear language during signup. "Be upfront about how you'll use that personal identifier and how it will enhance their user experience," Kupietzky advised.
Only collect data you actually need. Data privacy laws generally allow companies to collect personal information only when there's consent and a clear business purpose. Gathering extra data "just in case" can create unnecessary risk. "Avoid collecting information that isn't directly helpful to your marketing efforts," Kehoe said. "We've seen companies get into trouble for collecting data they never really needed."
Be transparent about what you collect and why. Let users know what data you're collecting and how it will be used. This information should be easy to find and written in plain language. "Be transparent about the information you collect, and make it easily accessible to individuals signed up for your email campaigns or newsletters," Kehoe said.
Don't share or sell user data without permission. Sharing user data with other companies without clear permission can lead to privacy violations. Don't sell or pass along personal data unless you're sure it complies with privacy laws.
Pay attention to third-party providers. Under the GDPR, businesses are still responsible for user data even when it's handled by a third-party vendor. If that vendor mishandles the data, your company can still be held accountable. "Work only with platforms that are compliant with GDPR and CCPA standards and that value data privacy, integrity and honesty," Kupietzky cautioned.
Overall, email marketing is one of the easier areas to keep compliant as privacy laws continue to evolve. Still, doing your due diligence matters. Beyond fines, poor data practices can damage trust, and customers tend to remember when their personal information isn't handled carefully.
Kimberlee Leonard and Jennifer Dublino contributed to this article. Source interviews were conducted for a previous version of this article.
Adam Uzialko, the accomplished senior editor at Business News Daily, brings a wealth of experience that extends beyond traditional writing and editing roles. With a robust background as co-founder and managing editor of a digital marketing venture, his insights are steeped in the practicalities of small business management.
At business.com, Adam contributes to our digital marketing coverage, providing guidance on everything from measuring campaign ROI to conducting a marketing analysis to using retargeting to boost conversions.
Since 2015, Adam has also meticulously evaluated a myriad of small business solutions, including document management services and email and text message marketing software. His approach is hands-on; he not only tests the products firsthand but also engages in user interviews and direct dialogues with the companies behind them. Adam's expertise spans content strategy, editorial direction and adept team management, ensuring that his work resonates with entrepreneurs navigating the dynamic landscape of online commerce.
