Europe has some of the strictest anti-spam legislation in the world. The General Data Protection Regulation (GDPR) and the ePrivacy Directive (ePD) are two of the most important pieces of legislation that govern the sending of email and SMS texts to European customers.
The GDPR is a comprehensive privacy law that applies to all businesses that process the personal data of European citizens. The ePD is a more specific law that regulates the use of electronic communications, including email and SMS texts.
Under the GDPR, businesses must obtain consent from European citizens before sending them marketing emails or SMS texts. Businesses must also provide clear and concise information about how they will use the personal data of European citizens.
The ePD prohibits the sending of unsolicited commercial communications, such as marketing emails and SMS texts, unless the recipient has given their consent. The ePD also requires businesses to include a clear and conspicuous opt-out mechanism in all commercial communications.
US companies that send email or SMS texts to European customers must comply with both the GDPR and the ePD. If a US company violates either law, it could be subject to fines of up to €20 million or 4% of its global annual turnover, whichever is greater.
Here are some tips for US companies that want to comply with Europe's anti-spam legislation:
- Obtain consent from European citizens before sending them marketing emails or SMS texts.
- Provide clear and concise information about how you will use the personal data of European citizens.
- Include a clear and conspicuous opt-out mechanism in all commercial communications.
- Use a double opt-in process for all marketing emails and SMS texts.
- Make sure your email and SMS text marketing campaigns are GDPR-compliant.
- Use a reputable email and SMS text marketing service provider.
- Stay up-to-date on the latest changes to Europe's anti-spam legislation.
