Email Compliance & GDPR Checklist
Ensure your email outreach and data handling practices comply with GDPR, CAN-SPAM, and other regulations with this comprehensive checklist.
Consent & Legal Basis
Identify your legal basis for processing
mediumUnder GDPR, you need a valid legal basis: consent, legitimate interest, or contractual necessity. Document which basis applies to each segment of your database.
Review consent collection mechanisms
easyEnsure all opt-in forms clearly state what contacts are signing up for. Pre-checked boxes are not valid consent under GDPR.
Maintain a consent record
mediumFor each contact, record when consent was given, how it was given, and what was consented to. Store this data in your CRM or consent management platform.
Audit third-party data sources
hardIf you use data from third-party providers, verify they collected data with proper consent or legitimate interest basis and have compliant privacy policies.
Email Content Requirements
Include physical address in all emails
easyCAN-SPAM requires a valid physical postal address in every commercial email. GDPR requires clear sender identification.
Add clear unsubscribe mechanism
easyEvery email must include an easy, one-click unsubscribe option. Under CAN-SPAM, you have 10 business days to process requests (but aim for instant).
Use accurate sender information
easyThe 'From' name, email address, and subject line must not be deceptive or misleading about who is sending or the content of the email.
Clearly identify commercial messages
easyCommercial emails should be identifiable as advertising/promotional content. This doesn't mean you need a disclaimer, but the intent should be clear.
Data Handling & Rights
Enable data subject access requests
mediumHave a process for responding to requests from individuals who want to see what data you hold about them. GDPR requires response within 30 days.
Implement right to deletion process
hardWhen someone requests their data be deleted, you must remove it from all systems — CRM, email platform, backups, and any third-party tools.
Review data retention policies
mediumDefine how long you keep contact data and delete it when no longer needed. Storing data indefinitely without purpose violates GDPR principles.
Ensure data processor agreements are in place
mediumAny third-party tool that processes personal data on your behalf needs a Data Processing Agreement (DPA). Review and sign DPAs with all vendors.
Pro Tips
- When in doubt about compliance, consult a legal professional who specializes in data privacy regulations
- GDPR applies to EU residents regardless of where your company is based — if you email EU contacts, you must comply
- Legitimate interest can be valid for B2B cold outreach, but you must document your legitimate interest assessment
- Keep compliance documentation organized and accessible — you may need to demonstrate compliance to regulators
- Cleanlist's data practices comply with GDPR and major data protection regulations
Related Cleanlist Features
Frequently Asked Questions
Can I send cold emails under GDPR?
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Yes, in many cases. B2B cold email can be justified under 'legitimate interest' if the product or service is relevant to the recipient's professional role. You must document your legitimate interest assessment, provide clear opt-out options, and only process data necessary for the outreach.
What is the difference between GDPR and CAN-SPAM?
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GDPR is an EU regulation focused on data privacy that requires a legal basis (like consent) before processing personal data and gives individuals extensive rights over their data. CAN-SPAM is a US law focused specifically on commercial email that primarily requires truthful headers, unsubscribe options, and physical address disclosure.
What are the penalties for email compliance violations?
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GDPR fines can reach up to 20 million euros or 4% of global annual revenue, whichever is higher. CAN-SPAM violations can result in penalties up to $51,744 per email. Beyond fines, non-compliance can damage your brand reputation and lead to email service providers blocking your sends.
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