RGPD/GDPR and Email: What You Need to Know for Compliance
If you operate a business in the European Union or handle data from EU citizens, understanding RGPD (Règlement Général sur la Protection des Données) — known internationally as GDPR (General Data Protection Regulation) — is essential. This comprehensive guide explains how these regulations affect your email practices and what you need to do to stay compliant.
What is RGPD/GDPR?
The General Data Protection Regulation (GDPR), or RGPD in French-speaking regions, is a comprehensive data protection law that came into effect on May 25, 2018. It governs how organizations collect, store, process, and protect personal data of individuals within the European Union.
Key Principles of RGPD/GDPR
| Principle | Description |
|---|---|
| Lawfulness & Transparency | Data must be processed lawfully and transparently |
| Purpose Limitation | Data collected for specific, legitimate purposes only |
| Data Minimization | Only collect data that is necessary |
| Accuracy | Personal data must be accurate and kept up to date |
| Storage Limitation | Data should not be kept longer than necessary |
| Integrity & Confidentiality | Data must be processed securely |
| Accountability | Organizations must demonstrate compliance |
How Does RGPD/GDPR Affect Email?
Email communications contain personal data — email addresses, names, message content, and metadata. Under RGPD/GDPR, this data is protected and subject to strict regulations.
1. Consent for Email Marketing
Before sending marketing emails, you must obtain explicit consent from recipients. This means:
- ✅ Clear opt-in mechanisms (no pre-checked boxes)
- ✅ Specific consent for each type of communication
- ✅ Easy-to-understand language about data use
- ✅ Records of when and how consent was given
2. Data Storage and Location
One of the most critical aspects of RGPD/GDPR is where your data is stored:
Important: Personal data of EU citizens should ideally be stored within the EU or in countries with adequate data protection agreements.
This is why choosing EU-based data centers (like Frankfurt or Ireland) for your email infrastructure is crucial for compliance.
3. Right to Access and Erasure
Under RGPD/GDPR, individuals have the right to:
- 📋 Access their personal data
- ✏️ Rectify inaccurate information
- 🗑️ Erase their data (“right to be forgotten”)
- 📤 Export their data in a portable format
Your email system must support these rights.
4. Data Breach Notification
If a data breach occurs that affects personal data, you must:
- Notify the supervisory authority within 72 hours
- Inform affected individuals if there’s high risk to their rights
- Document all breaches, even minor ones
Email Compliance Checklist
Use this checklist to ensure your email practices are RGPD/GDPR compliant:
Technical Requirements
- [ ] EU Data Residency: Store email data in EU data centers
- [ ] Encryption: Use TLS for email transmission
- [ ] Access Controls: Limit who can access email data
- [ ] Audit Logs: Maintain records of data access and processing
- [ ] Data Backup: Secure backups with same protection levels
Operational Requirements
- [ ] Privacy Policy: Clear documentation of email data practices
- [ ] Consent Records: Maintain proof of consent for marketing
- [ ] Unsubscribe Mechanism: Easy opt-out in every email
- [ ] Data Processing Agreements: Contracts with third-party processors
- [ ] Data Retention Policy: Define how long emails are kept
Documentation Requirements
- [ ] Records of Processing Activities: Document all email data processing
- [ ] Data Protection Impact Assessment: For high-risk processing
- [ ] Compliance Certificates: Proof of GDPR compliance measures
How NoServerMail Helps with RGPD/GDPR Compliance
NoServerMail is designed with EU compliance in mind:
🇪🇺 EU Data Residency
Deploy your email infrastructure in Frankfurt (eu-central-1) or Ireland (eu-west-1) AWS regions. Your data never leaves the EU.
📄 Compliance PDF Generation
Generate GDPR compliance certificates on demand to demonstrate your data protection measures to auditors, partners, or customers.
🔐 Full Data Control
You own your data completely. It’s stored in your own AWS account, not shared with third parties.
🗑️ Easy Data Management
Support for data access requests and deletion — helping you fulfill RGPD/GDPR requirements.
Penalties for Non-Compliance
RGPD/GDPR violations can result in significant fines:
| Violation Level | Maximum Fine |
|---|---|
| Minor violations | Up to € 10 million or 2% of global annual turnover |
| Major violations | Up to € 20 million or 4% of global annual turnover |
Beyond fines, non-compliance can damage your reputation and customer trust.
Getting Started with Compliant Email
Ready to set up a GDPR-compliant email system? Here’s how to get started:
- Choose an EU Region: Select Frankfurt or Ireland for your deployment
- Deploy NoServerMail: Use our CloudFormation template for quick setup
- Generate Compliance Documentation: Download your GDPR compliance PDF
- Implement Policies: Set up data retention and consent management
Deploy Your GDPR-Compliant Email Now →
Conclusion
RGPD/GDPR compliance for email isn’t optional — it’s a legal requirement for businesses handling EU data. By choosing infrastructure that keeps data in the EU, maintaining proper documentation, and implementing the right technical controls, you can ensure your email practices meet regulatory requirements.
NoServerMail makes this easy by providing EU-hosted infrastructure, compliance documentation, and full control over your data — all without the complexity of managing your own servers.
Have questions about RGPD/GDPR compliance for your email needs? Contact us for guidance.