As a marketeer, you know the stress about unsubscribes to your newsletter. With every new newsletter, you see the list of recipients that would rather not receive any more emails slowly growing. Too bad for the marketeer, but from a privacy point of view, the right to unsubscribe is indisputably a good thing. Just recently, to our surprise, the Danish Data Protection Authority (Datatilsynet) ruled that keeping an unsubscribe list is disproportionate and thus prohibited. This made us raise our eyebrows, because such a list is required by law in Belgium and it is also the only way to correctly manage the unsubscribes to your newsletter.
What about newsletters?
In this article we talk about newsletters, but the scope is much broader. It refers to any form of ‘direct marketing’ communication. A term with a very broad connotation according to the Belgian Data Protection Authority (GBA).
In its recommendations on direct marketing, the GBA states that there are only two proper ways to send digital newsletters:
The recipient gave explicit consent (opt-in).
The company sends the e-mail based on its legitimate interest to promote similar products to its existing customers.
In a previous blog, we already went into all the nuances on this in detail. In both cases, the recipient must be able to unsubscribe easily. This option to unsubscribe is usually located at the bottom of the newsletter. There you will find a link that takes you to the next page. In the best case, this is where you get an immediate notification that you have been correctly unsubscribed. When a company sends out different types of newsletters, you may still be asked to make a choice. As a guideline, the company should make sure that unsubscribing is at least as easy as subscribing.
Most CRM tools keep a list of unsubscribes to prevent them from…