How Brexit Impacted UK Email Marketing Regulations

Brexit has shaken up many things and so has the regulation regarding email marketing. Curious how all of the laws concerning emails changed because of Brexit? Well, this is the place to be: let's break it down simply and conversationally.

What Changed After Brexit?

This was the basis of having previously operated UK businesses in light of following the rules of the General Data Protection Regulation (GDPR-from-before-Brexit strict rules over the collecting and parsing of personal data. Now post-Brexit, it's UK another version that retained principles of GDPR.

Some Key Differences of UK GDPR and EU GDPR

Data Transfers: If you're sending marketing emails to EU customers, you now need to comply with EU GDPR and UK GDPR separately.

Fines and enforcement: The UK's Information Commissioner's Office (ICO) is now entirely empowered to deal with compliance and enforcement.

PECR still applies: The Privacy and Electronic Communications Regulations (PECR) remain in force with the UK GDPR and so regulate email marketing.

Real-Time Instance: A Case Study: How the UK E-Commerce Brand Adapts

Think of Shop Ease, a UK-based online retailer that often sends out promotional emails. Prior to Brexit, they were compliant with one set of GDPR. Now they must ensure their emails comply with UK GDPR for UK competent customers and EU GDPR for those in Europe. This leads to an update of the consent forms and review of data storage policies and ensures smooth cross-border data transfer.

Key Takeaways

• UK marketing compliance still concerns GDPR. Now it's under UK GDPR.

• Brexit, along with email laws, requires businesses that deal with the EU, to abide by two laws.

• GDPR implies border impacts after Brexit - cross-border transfers of data, enforcement, and privacy rules.

• There is a need for businesses to re-evaluate their email-marketing strategies for both the UK and EU regulations.

• Staying up to date is vital, especially for email marketers, as the UK may make further changes.

Conclusion

Email marketing regimes have not changed drastically because of Brexit, but it has certainly complicated things for brands that deal with EU nationals. The bottom line? Compliance is not an option. Companies in the UK need to align their email marketing strategies with both the UK GDPR and EU GDPR to save themselves from penalties that may dent their reputation with clients.

All businesses wishing to trade internationally must also keep tabs on future changes in the regulations. Whether adapting consent forms, appointing an EU representative, or revisiting data transfer policies, proactive compliance would save time, money, and potential legal trouble.

Need help with post-Brexit email marketing compliance? Leave a comment below or get in touch for expert advice.

FAQ’s

Do UK businesses still have to comply with the EU GDPR?

Yes, inasmuch as they process any EU customers' data, such businesses will have to comply with the UK as well as EU GDPR.

Is Brexit good or bad for email marketing?

It depends. If your business is for the UK only, not much would have changed. But if you are marketing in the EU, then one more layer of law comes into play.

Should businesses obtain fresh consent before emailing for marketing?

Not necessarily but just to be safe, they should review mechanisms for obtaining consent so that they comply with both UK and EU laws.

What are the possible consequences for noncompliance with the EU GDPR by an entity based in the UK?

The EU data protection authorities may impose fines and restrictions on processing EU customers' data.

Is there a free and easy transfer of customer data to the EU by UK businesses?

At this point, the situation is being facilitated due to the UK's adequacy agreement with the EU. However, this may change in the future.