With the entry into force in May 2018, of the new European Regulation on the Protection of Personal Data (RGPD)*, what about emailings or newsletters aimed at your members?
Emailing or newsletters remain an essential tool for associations or learned societies to communicate with their members: calls for subscriptions, membership, prospecting for new members... The entry into force of the RGPD in the 1st half of 2018 may change certain rules in this area.
What are the consequences for sending emails to your members?
Obtaining prior consent. Sending emails is in principle subject to obtaining the express prior consent of recipients (opt-in rule, provided for in Article L.34-5 of the French Post and Electronic Communications Code). Opting-in means obtaining the authorization of an Internet user to be able, for example, to send them newsletters.
You're not sure whether you asked for or obtained prior consent for your previous emailings?
You have the right to keep in your database the contact details of members or prospects who have not given their consent, if these people are already "customers" or "members" of your organization.
The opt-in rule also does not apply when the subject of the messages is related to the recipient's professional activity.
Ditto, if you send them a newsletter that has no commercial aim, but is rather of an institutional nature.
What information should be included in your newsletter?
Your emailing or newsletter must scrupulously respect the following rules:
Indicate the identity of the company on whose behalf the email is being sent.
Offer a simple, free way to opt out of receiving further commercial solicitations (include an unsubscribe link in the footer of the email).
At the time of collection, specify that the customer's e-mail address will be used for commercial prospecting purposes, if this is the case. They must be able to easily object to this use.
How long can contact details be kept in a database?
The maximum retention period for prospect data recommended by the CNIL is 3 years. Contacts that are registered in your database and with which no exchange will have been established for more than 3 years must be deleted.
By exchange, we mean that there must be an effective interaction between your association or company (or its subsidiaries) and the person (e.g. exchange of emails, request for information) to start the 3-year period again.
* RGPD - Associations or learned societies that manage member members will be directly impacted by this new European Regulation and will have to comply with its main principles.
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