A Bavarian court has ruled that the use of the Mailchimp newsletter platform is illegal

It has been more than half a year since the ruling of the European Court of Justice, which made virtually every transfer of personal data to the United States illegal. What exactly does this mean in ...

It has been more than half a year since the ruling of the European Court of Justice, which made virtually every transfer of personal data to the United States illegal.

What exactly does this mean in the domain of email or newsletter marketing?

If you use software that stores and processes the data of your newsletter subscribers on servers outside the EU to send your newsletters, you are in a gray zone, ie an illegal zone. 

Thus, in July 2020, a Bavarian court ruled that the use of the Mailchimp newsletter platform was illegal. Mailchimp is considered a provider of public electronic communications services in the United States and thus subject to U.S. national security laws that require it to give U.S. security intelligence access to the personal data it processes.

GDPR Croatia recently wrote more about this on its own official websites.

Do we have a solution? And how fast can we get it? 

Fortunately, in the last few years, the solution to this problem has been highly profiled by the company Webpower Adria, which operates locally, with offices in Zagreb and Belgrade, offering software and email marketing services. Using Webpower software for sending newsletters, data is stored and processed within the EU, formalization of the Data Processing Agreement is carried out with each client, all Processing Subcontractors are within the EU and the client is familiar with them, and provide customer support to guide you to the best and only correct ways to legally collect a database. 

What is legal database collection?

The only legal collection of the database of email addresses and personal data of your guests that you will use for the purpose of email marketing is if you get their permission to contact them. It is the only correct and the only thing you are allowed to use. But this has been common knowledge since the GDPR came into force. 

There is also something called Legitimate Interest, which allows you to contact a guest who has stayed at your hotel or asked you for an offer of accommodation, so he has expressed interest in your accommodation and you have the right to contact him, but you must give him the right to check out already in the first email sent. 

What is important to further understand, and what some businesses that still use Mailchimp and persistently deliberately ignore, is not properly written in the Privacy Policy on the website “By agreeing to receive the newsletter, you agree that your data be sent outside the EU, ie in the USA. ". This is also not legal, an additional reason is that it is not permissible to put two "purposes" or the processing process under the same denominator.

And also putting an additional check box on the form for subscribing to the newsletter or on the booking process form "I agree that my data is sent outside the EU“, It is certainly not acceptable to anyone either, because it means another additional step to fill in, and twice everyone will think before giving consent for his data to be sent outside the EU and clicking that check box.   

Webpower Adria: To date, we have made almost 100 migrations of clients from Mailchimp to Webpower software

Webpower Adria, the only company in the region specializing in email marketing, email marketing automation and mobile marketing, tells us that they are primarily pleased that their clients from the tourism industry reacted in time and prevented this judgment of the European Court and decided to cooperate with Webpower Adriom.

Hotel chains like Maistra Hospitality Group, Plava Laguna, Medora Hotels, but also smaller ones such as Maslinica Resort, Blue Waves Resort, Crvena Luka and many others are just one of Webpower Adria's prominent partners and have joined the #BuyLocal campaign.

"It is available to everyone, especially if you are looking at this investment in the long run. We hope and believe that the only legal path in email marketing will be followed by other clients, and we will be happy to include anyone who contacts us in our #BuyLocal campaign.”Point out from Webpower Adria.

Also, according to Webpower Adria, to date they have made almost 100 migrations of clients from Mailchimp to Webpower software, and this process takes two to three weeks per client. “With an experienced team you get a very fast solution and a secure turnkey”They conclude from Webpower Adria.

Find out more about Webpower Adria HERE

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