What is the ePrivacy Directive?
The
ePrivacy Directive, often referred to as the "cookie law," is a piece of European Union legislation aimed at protecting the privacy of individuals in the electronic communications sector. It complements the GDPR (General Data Protection Regulation) and focuses specifically on the confidentiality of communications and the rules regarding tracking technologies, such as cookies.
What are the consent requirements?
According to the ePrivacy Directive, explicit
user consent is required before any tracking technologies can be employed. This means that users must be informed about the types of cookies being used, their purpose, and must actively agree to their use. For email marketing, this typically involves obtaining consent when users sign up for newsletters or other communications.
How should consent be obtained?
Consent should be obtained through clear, affirmative action. This can be achieved by providing a
consent box that users need to actively check. Pre-ticked boxes do not constitute valid consent. Moreover, the consent request must be specific and separate from other terms and conditions.
Are there any exemptions?
There are certain exemptions where consent is not required. These include cookies that are strictly necessary for the provision of a service explicitly requested by the user. For instance, cookies that remember login details or items in a shopping cart. However, these exemptions are quite limited and do not generally apply to
email marketing activities.
What are the consequences of non-compliance?
Non-compliance with the ePrivacy Directive can result in significant penalties, including fines. Moreover, it can damage a company's reputation and erode user trust. Therefore, ensuring
compliance is not just about avoiding penalties but also about maintaining a positive relationship with your audience.
How to ensure compliance?
To ensure compliance, email marketers should regularly review their data collection and tracking practices. This includes updating
privacy policies to reflect current practices, providing clear information to users about how their data will be used, and obtaining explicit consent where required. Additionally, tools and technologies that facilitate compliance, such as consent management platforms, can be highly beneficial.