To kick off our FACT CHECKING section, let's take a look at 7 news items about the application of GDPR to acquisition or prospecting emailing.
So, FAKE NEWS or NOT FAKE NEWS?
We relax. Mom can put the oranges away. A complaint is not a conviction. An Internet user may well have forgotten that he or she gave consent. If you're GDPR compliant, rest assured. The CNIL is a reasonable body. A complaint addressed to it does not systematically result in an immediate sanction. It requires an in-depth investigation, which is only triggered after a large number of complaints.
News item no. 2: double collection opt-in is mandatory... Fake news!
As Maxwell would say, "There's no need to go overboard" (and there you have it, you'll have it in your head for the rest of the day). A simple opt-in registration is all that's needed to comply with the regulations. There's no need to go through a double opt-in to prove the Internet user's consent.
Info n°3 : the transmission of data requires Enigma-like encryption... Fake news!
The GDPR website imposes two points:
- Pseudonymization and encryption of personal data ;
- Putting in place the means to guarantee the confidentiality, integrity, availability and constant resilience of processing systems and services.
Encryption of the data collected is therefore sufficient, and for transmission, turn to a solution that presents a low risk of loss or alteration, such as SFTP.
Tip no. 4: A welcome email should always be sent during a click-to-lead campaignlead... Not fake news!
Not only is it compulsory, it's also the least polite thing to do, isn't it? That's why it's essential to confirm registration to the visitor. It's an opportunity to welcome them and create a strong first link between them and your brand, but also, unfortunately, to offer them the chance to leave you with an unsubscribe link (and find out a little more about why they're leaving).
Info #5: I can present an offer in a click-to-leadcollection email ... Almost fake news!"
And yes. There are nuances to Dataventure Fact Checking (at least 50 shades of Fake...). It's always possible to communicate a commercial offer in a collection email. However, it is strictly forbidden (yes, strictly!!!) to make this offer conditional on the surfer's registration. Designs must include two distinct and clearly identified zones in this type of collection e-mail:
- An area dedicated to registration;
- An area dedicated to the commercial offer.
Info n°6 : e-mail addresses and the date ofopt-in are the only information to be kept when enriching my PRM database. .. Fake news!
The list goes on and on! You must retain at least the following data, and be able to provide it to the web surfer on request.
- Acquisition mode
- His e-mail address
- Its IP address
- The navigator
- The date and time ofopt-in
- The URL by which the address was collected (in the case of a campaign run by publishers)
- The registration form used
- Proof of unsubscription (in the event of a request for deletion of information)
The clock is ticking! Internet users requesting access to, modification or deletion of their data must be able to obtain a rapid response within a maximum of one month. This period may be extended by a further two months, provided that the user is informed of the extension and the reasons for the delay are given, again within one month.
Info n°7 : I've lost the proof ofopt-in, I can still send them. Fake news!
Not only can you not send addresses for which you have lost the data fromopt-in, but you should also be aware that it would be very difficult to ask Internet users for a new consent without knowing how these addresses were collected during the first contact.
Fake or no Fake, setting up GDPR requires a certain amount of legal expertise, which we can provide. Don't hesitate to contact us to find out more about this vast subject... and so many others!
