Is it possible to reconcile marketing requirements and comply with the legislation?

One question you should keep in mind when using or being the target of digital marketing campaigns is whether the platforms used to run them meet the legal requirements regarding data protection.

 

In recent years there has been exponential growth in the use of these platforms, given the ease with which they can be carried out. Currently, it is the most economical way for companies to communicate closely with you and present their products and services in a personalized and customized manner.

 

So, what requirements should be considered when choosing an e-mail marketing platform?

 

In terms of data protection, it is considered essential to comply with the principle of transparency, which is related to the right to information that the data subject holds and that presupposes an active position on the part of the controller.

 

One of the possible issues with these platforms is that they are cloud services and, therefore, outside the servers and control of the data controllers. Furthermore, it is aggravated by the fact that their servers are located outside the European Economic Area, for a possible lack of adequate protection and sufficient guarantees from the European Union standpoint. Thus, evaluating the benefits expected from these platforms across the risk associated with their use is crucial.

 

In this study, we assess the cost of using this type of service to its benefit without compromising the customer data protection of our partners. In its scope, we evaluated and analyzed the seven most significant players in e-mail marketing, primarily comparing them and understanding which ones best meet the legal requirements regarding data protection legislation.

 

As such, we made a comparative analysis of all the services that the evaluated platforms offer their customers during the first stage.

 

CRM dynamics

Egoy

Mailchimp

Pardot

Phplist

Zoho

Send in Blue

Free Subscription
Paid subscription
SMS Marketing
Lead segmentation
Lead Scoring
Mobile Application
Tracking web activity
Sales reports
Personalised Web Content

 

Afterward, a match was made between the services provided by these companies and the legislation in place to evaluate their compliance.

 

Compiling the evaluations carried out on the various e-mail marketing platforms, we have the following global view of the results:

 

CRM dynamics

Egoy

Mailchimp

Pardot

Phplist

Zoho

Send in Blue

Data Controller location
CAN PT US US UK NLD FRA
Identity and contact details of the person responsible for processing and their representative
Contact details of the DPO (Entity Processing Data)
Purposes for which the personal data is intended
Legal basis for processing
Identification of the (legitimate) interests of the responsible party or third parties
Recipients or categories of recipients of the personal data
Transfers outside the EU/EEA
Retention period
Right of access, rectification, erasure, limitation of processing, opposition to processing, data portability
Right to withdraw consent
Right to complain to a supervisory authority
Existence of automated decision-making and its consequences
Categories of personal data in question
Origin of personal data
Form for exercising rights
Privacy Policy
  • Legenda:

  • The evaluated element is missing or a contradictory statement is made
  • The information is incomplete, difficult to access and understand, and formulated in a language that is not clear and complex (for example, poorly structured, in a separate document, ...)
  • The information is complete, easy to access and understand, and formulated in a clear and simple language
 

Conclusion

 

Data protection can significantly be a hurdle for many businesses when maximizing profits. We aim to simplify the process and provide solutions to help your company comply with the General Data Protection Regulation without hindering economic growth. By doing so, we ensure that your business is compliant and able to thrive in today's digital landscape.

2021-03-08
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