Emarsys is not a law firm specializing in data security legislation, and we do not offer legal advice. We want to help you to understand how this legislation can affect you as an Emarsys customer, and this article assumes that you are using the Emarsys Marketing Platform properly, according to our documentation.
You should always refer to a qualified legal source when it comes to checking whether or not you are compliant in any given situation.
Legislation governing the sending of marketing material varies globally, so you should make sure that the texts you use are suitable for the regions in which you are operating.
However, since you cannot control where a customer will open an email or register on your site, it is a good idea to protect yourself by complying with the most restrictive legislation.
These guidelines were prepared for our customers operating in the German-speaking parts of Europe and are compliant with German email marketing legislation. Since this is among the strictest in the world, we consider them to be a benchmark for best practice policy.
On your company
You should include the following information on your company:
- Physical address
- Email address
- Telephone number
- Tax ID number (where applicable)
- Authorized representative
You should also include details on how to contact you on matters relating to data protection, and mention your data protection officer, if you have one.
On product recommendations via email, based on UWG §7 (3)
After a customer has bought a product, it may be in their interest to receive further information relating to that product, even if they have not explicitly opted in for such content. This is a gray area which this German law attempts to clarify.
- If local legislation permits the unsolicited sending of certain types of content, mention this explicitly in a separate section.
- Clearly state that the contact can also opt out of these at no additional cost (beyond the costs of a working Internet connection) and give the location of the unsubscribe link and any additional unsubscribe methods.
Suggested text explaining your policy on sending product recommendations via email, based on UWG §7 (3)
According to Section 7 para. 3 Act Against Unfair Competition (UWG) of the Federal Republic of Germany we are entitled to use the email address specified during a purchase in our shop for direct marketing activities for our own similar products or services. If you do not wish to receive our product recommendations any longer, you can unsubscribe from them at any time without costs other than the transmission costs pursuant to the basic tariffs being incurred in this regard. Unsubscription can simply be done by clicking the “Unsubscribe" link in the footer of any of our product recommendations or by sending an email to firstname.lastname@example.org.
On web data collection
For a detailed explanation of how our web tracking works, please read:
The most important goal for you in this regard is to explain to the reader that data is collected for their benefit, so that you can send them only relevant information, tailored to their preferences.
Web data collection scripts
The Web Extend commands are what update a contact profile with the data collected during their visits. You should explain this and offer the visitor a chance to opt out of the profile enrichment.
Suggested text for profile enrichment
On data sharing with third parties
- Make it clear that personal data given upon registration will be used to send personalized newsletters.
- Explicitly state that no data will be shared with third parties. If data will be shared (for example for affiliate marketing, or for Emarsys partners, see below), name each party (max. 10).
- Mention local legislation by name that you know that your privacy policies are in accordance with, for example the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) of the Federal Republic of Germany.
Explaining your policy is you share no data with third parties
If you have signed up for the newsletter, your personal data that you gave upon registration will be used to send you personalized newsletters. No data will be shared with third parties. Our privacy policies are in accordance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) of the Federal Republic of Germany.
Suggested texts for specific Emarsys products
Below are some suggested texts relating to Emarsys products which pass data of any sort to third parties. Text in bold should be replaced or deleted as appropriate.
Emarsys products which do not need to be included
Covered by the core Platform functionality
The following products do not share data outside the Emarsys Marketing Platform:
- Email Channel, including
- Inbox Preview
- Triggered Email
- Send Time Optimization
- Open Time Content
Covered by Web Extend
- Smart Insight
- Predict, including:
- Email Recommender
- Web recommender
- Web Channel