Q: Are We Allowed To Email Our Customers?

If you currently use post or a customer portal to deliver information, are you allowed to switch to a channel such as secure email?

The UK GDPR (General Data Protection Regulation) outlines six legal bases for processing personal data, including email addresses.

These are consent, performance of a contract, legitimate interest, vital interest, legal requirement, and public interest. When deciding to email your customers, it's crucial to identify which of these bases applies to your situation.

Can we email customers to provide important information about our products or services?

Yes, if the communication is essential for the performance of a contract with the customer or falls under a legitimate interest.

For example, emailing a customer about important updates related to a product or service they are using can be justified under the performance of a contract.

Similarly, if you need to trace a member you've lost touch with to prevent them from missing out on vital information or benefits, this could be considered a legitimate interest.

Do we need our customers' consent to email them?

Not always. While obtaining explicit consent is one of the legal bases for processing personal data under GDPR, it's not the only one.

If the purpose of emailing customers is directly related to the performance of a contract or is justified by a legitimate interest, you may not need explicit consent.

However, it's good practice to inform your customers about the use of their email addresses for communication and offer them the ability to opt out.

How can we ensure compliance when emailing customers?

Identify the legal basis: Clearly determine which of the six legal bases under GDPR justifies the processing of customers' email addresses for communication.

Inform and offer an opt-out: Regardless of the legal basis, inform your customers that you will be using their email for communication and provide them with an easy way to opt out of email communications.

Ensure security: Use secure email to protect the privacy and security of the information you send to your customers.

Take responsibility: Remember, it is the responsibility of the data controller (your business) to ensure that you are satisfied with the legal basis for processing personal data and that you comply with all other GDPR requirements.

Switching to secure email for customer communication can offer significant benefits, including enhanced security and efficiency.

However, it's essential to navigate this change carefully, ensuring compliance with UK GDPR by identifying the appropriate legal basis for communication, informing customers appropriately, and respecting their privacy.

Learn more about Mailock secure email.