GDPR and Mailing Lists: The Compliance Guide for SMEs

GDPR is scary. Especially when you manage mailing lists without really knowing if you’re compliant. Yet 67% of French SMEs admit they don’t fully master their data protection obligations.

The good news: becoming compliant isn’t that complicated. This guide concretely explains what GDPR requires for your mailing lists and how to address it without spending weeks on it.

What GDPR Actually Says About Mailing Lists

The 3 Fundamental Principles

The General Data Protection Regulation rests on three pillars that every SME must understand:

1. Explicit Consent

You cannot add someone to your mailing list without their clear and informed consent. Valid consent must be:

• Free (no pre-checked box)
• Specific (for each distinct purpose)
• Informed (the user knows what they’re agreeing to)
• Unambiguous (a positive action on their part)

2. Transparency

Your subscribers must know exactly:

• What data you collect
• Why you collect it
• How long you keep it
• Who you potentially share it with

3. Individual Rights

Each subscriber can exercise their rights at any time:

• Right to access their data
• Right to rectification
• Right to erasure (the famous “right to be forgotten”)
• Right to portability
• Right to object

Penalties for Non-Compliance

Data protection authorities don’t mess around. Fines can reach 20 million euros or 4% of annual global turnover. In 2024, French SMEs received 12 million euros in fines related to GDPR non-compliance on commercial communications.

Even more common: complaints from unhappy subscribers that can trigger an audit and damage your reputation.

How to Collect Emails While Respecting GDPR

Double Opt-In: Your Best Ally

Double opt-in involves requesting email confirmation after signup. This practice is not mandatory under GDPR, but it’s strongly recommended because it:

• Proves consent irrefutably
• Eliminates fake addresses
• Improves email deliverability
• Reduces spam complaints

Concretely, here’s the ideal journey:

1. The user fills out your signup form
2. They receive a confirmation email
3. They click the validation link
4. They’re officially added to your list

What Your Signup Form Must Contain

A GDPR-compliant form must include:

• An unchecked checkbox for consent
• A link to your privacy policy
• A clear indication of sending frequency
• Your company identity (data controller)

Example standard wording:

“By checking this box, I agree to receive the newsletter from [Your Company] at a rate of [frequency]. I can unsubscribe at any time via the link in each email. See our privacy policy.”

With Skedox, you can create GDPR-compliant signup forms in minutes. Legal notices are built in by default, and double opt-in is configured with one click.

Managing Your Mailing List Day-to-Day

Maintain a Consent Record

GDPR requires you to be able to prove each subscriber’s consent. For each signup, keep:

• The exact date and time of consent
• The IP address (optional but useful)
• The version of the form used
• Double opt-in confirmation if applicable

This record protects you in case of audit or dispute.

Facilitate Unsubscription

The unsubscribe link must be:

• Visible in each email (usually in the footer)
• Functional in a maximum of 2 clicks
• Effective immediately or within 48 hours maximum

Avoid dubious practices:

• Requiring login to an account to unsubscribe
• Demanding an explanation for leaving
• Offering only a contact email as a solution

Regularly Clean Your List

A clean database is a compliant database. Implement a cleaning process:

• Remove hard bounce addresses after 1 failure
• Deactivate inactive subscribers after 12 months without opens
• Launch a re-engagement campaign before deletion

This hygiene improves your performance and reduces your sending costs.

Mistakes That Expose Your SME

Mistake #1: Buying Email Lists

This is the most serious violation. Purchased contacts never consented to receive your communications. No matter what the seller tells you: these lists are illegal under GDPR.

The consequences:

• Fines up to 4% of revenue
• Blacklisting by email providers
• Catastrophic spam complaint rate
• Permanently damaged reputation

Mistake #2: Confusing B2B and B2C Opt-In

In B2B, the rules are slightly different. You can contact a professional without prior consent if:

• The message relates to their professional role
• The address used is professional (not personal)
• An unsubscribe link is present

Caution: this exception only applies to the first prospecting contact. For a recurring newsletter, consent is still required.

Mistake #3: Neglecting Subcontracting

If you use an external emailing tool, you remain responsible for compliance. Verify that your provider:

• Is GDPR compliant (DPA signed)
• Hosts data in the EU or an adequate country
• Offers sufficient security guarantees

With Skedox, your data is hosted in Europe with a security level compliant with GDPR requirements. You maintain full control over your information.

Implementing a Compliant Privacy Policy

Mandatory Mentions

Your privacy policy must include:

• The identity and contact details of the data controller
• The purposes of processing (why you collect this data)
• The legal basis (consent for newsletter)
• Data recipients
• Retention period
• Individual rights and how to exercise them
• Right to lodge a complaint with the data protection authority

Example of Reasonable Retention Period

For a mailing list, a common policy:

Data Type	Retention Period
Email + consent	3 years after last engagement
Browsing data	13 months maximum
Unsubscription logs	5 years (legal proof)

Adapt these periods to your business, but avoid keeping data indefinitely.

GDPR and Mailing Lists: Your Compliance Checklist

Before sending your next campaign, check these points:

Data Collection:

• Form with unchecked checkbox
• Visible link to privacy policy
• Double opt-in enabled
• Up-to-date consent record

List Management:

• Unsubscribe link in every email
• Regular cleaning process in place
• No purchased lists in your database

Documentation:

• Up-to-date privacy policy
• Complete legal notices
• Contract with your emailing provider (DPA)

Individual Rights:

• Procedure to respond to access requests
• Ability to delete a contact within 30 days
• Identified contact point for complaints

Tools to Simplify Your Compliance

Automate Consent Management

Modern tools allow automatic management of:

• Consent collection and timestamping
• Sending double opt-in emails
• Archiving consent proofs
• Processing unsubscribe requests

Skedox centralizes all your collection forms with native GDPR management. Each consent is automatically recorded, and deletion requests are processed in a few clicks. Try it free to see how it works.

Document Your Processing Activities

If your company has more than 250 employees (or regularly processes sensitive data), you must maintain a record of processing activities. This document lists:

• Each personal data processing
• Its purpose
• The categories of data concerned
• The security measures applied

Even below this threshold, this record remains a good practice to demonstrate your compliance.

Conclusion: GDPR as a Competitive Advantage for Your Mailing Lists

GDPR compliance isn’t just a legal constraint. It’s a trust signal sent to your subscribers. Companies transparent about their collection practices show engagement rates 23% higher than average.

For your mailing lists, remember the essentials:

• Collect only with explicit consent
• Document each subscription
• Facilitate unsubscription
• Regularly clean your database
• Secure your data and that of your providers

Getting compliant takes a few hours, not weeks. And it protects you for years.

Ready to professionalize your email collection? Discover Skedox and create GDPR-compliant forms today. It’s free to get started.