On data protection
The data protection requirements are quite extensive. In this article you will see only the points that your data protection declaration must fulfill in connection with email marketing.
Tip: You can find further tips on data protection in the free white paper, which is linked at the end of the article.
What are the requirements for the data protection declaration?
The obligation to provide a data protection declaration arises from the switzerland number dataset information obligations of the GDPR. Specifically, the requirements of Art. 13 must be observed. The declaration must be formulated in a generally understandable form and, in particular, explain which personal data is processed by the controller and for what purpose.
The contact details of the person responsible (sender).
Specifying a contact address and a way to contact the data protection officer.
Concrete naming of the personal data stored, which data is typically stored by the website (e.g. name of the provider, date, time, operating system, etc.).
For what purpose, for how long and on what legal basis are the data processed? (here, the sending of the newsletter and the permission for sending it under data protection law should be addressed specifically)
Use of tracking technologies (e.g. link tracking, tracking of newsletter openings, etc.) and cookies (especially third-party technologies).
Disclosure to recipients or categories of recipients (e.g. service providers).
the transfer to companies in non-EU countries (third countries) and the corresponding adequacy decision of the EU or the conclusion of the standard contractual clauses.
Duration of storage or criteria for determining the storage period.
The rights that the user has under Chapter 3 of the GDPR (including the right to information, rectification and erasure, the right to withdraw consent and the right to lodge a complaint with the data protection supervisory authority).
Existence of automated decision-making, including profiling.
3. Contents
There are also some points regarding the content that must be implemented legally correctly. A common question is whether third-party content can be placed in the newsletter. We will clarify this question below. You can find further tips in our free white paper.
Is it possible to place advertising for third parties in your own newsletter?
The placement of third-party content is generally possible if the recipient's consent also extends to this third-party content. Exceptions exist for purely editorial newsletters in which clearly recognizable third-party advertisements are placed.
As already mentioned, the UWG requires prior express consent when sending an email newsletter. This consent must relate to the "specific case". However, this does not mean that separate consent must be given for each individual advertising measure. Rather, it is crucial that the declaration of consent makes it clear which specific companies are allowed to advertise which specific products. For example, the general description "interesting products or services" would not be sufficient, as the recipient has no idea what and, above all, who might be approaching them.
However, exceptions may exist for editorially designed newsletters in which individual advertisements from companies are placed alongside the editorial content. In this case, no additional consent for advertising space from third parties needs to be obtained in addition to the general consent to receive this newsletter.
However, the following points must be taken into account:
Third-party advertising is clearly recognizable as such or marked accordingly.
Third-party advertising is not a main component of the editorial newsletter.
The content focus of the newsletter is information from the company that has received prior consent from the recipient.
So-called "stand-alones", where the focus is on the offer of a third-party provider, are not covered by this exception. In this case, the required consent is missing because the recipient has only consented to an editorial newsletter from a company. In this case, the third-party advertising is not an accessory, but a main component of the newsletter. The same applies if the recipient was entitled to assume that the newsletter did not contain third-party advertising at any time. This would be the case, for example, if the addition "permanently ad-free" was used for advertising or if the newsletter was not sent with prior consent but due to the exception provision in Section 7 Paragraph 3 of the German Act Against Unfair Competition (UWG). In the case of the exception provision, in principle only the person who acquired the data as part of a customer relationship and whose own products or services are being advertised may appear.