We often realize this when we do training on email marketing. Even in the professionals' camp, legislation is a field in which it is not always easy to find one's way. We have therefore decided to release an infographic to help you understand the French legislation on email marketing. If you respect these few principles, you should be in compliance with French law.
In a little while, we will try to present you also an article on examples of good and bad practices in this matter. But let's focus on one topic at a time 😉
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Infographic:
In text mode 😉
The fundamental principle
The sending of any commercial message by email requires the prior and explicit consent of the recipient. This consent must be revocable.
B2C (individual)
- Prospect : Optin-in required
- Customer If the message is about a product similar to the one already purchased, the optin is not mandatory.
- Non-commercial If the prospecting is not commercial, for example in the charity sector, the person must simply be informed and be able to object.
B2B (professionals)
- Nominal address The message must be related to the profession of the person contacted. At the time of collection, the person must be informed and be able to object.
- Generic address Addresses of legal entities are not subject to the principle of consent and the right to object.
In all cases
- Any document that contains personal data, which is the case for most databases, must be declared to the CNIL.
- Each email campaign, regardless of the category to which it belongs, must accurately identify the advertiser/owner of the data.
- It is essential to offer a quick and easy way to unsubscribe in all your email communications.
- Don't forget to mention the rights of access and rectification to the collected data. Specify how these rights can be exercised.
- Explicit consent must be obtained through a checkbox. If this one is pre-checked, the consent will not be valid in the eyes of the law.
