GDPR didn’t kill cold emails. You can still send them. You just need to be smarter about how you collect, manage, and store contact data.
If you already follow cold email best practices, you’re halfway there. No spamming, no irrelevant messages. Just targeted outreach to people who actually need what you offer.
You don’t need a data process administrator. Most companies can’t afford one anyway.
Follow this step-by-step guide to stay GDPR compliant as an individual or small sales team.
One note: This guide focuses on cold emails only. Marketing emails to opt-in subscribers and website cookies have different requirements.
We’re not lawyers. If you have specific concerns about GDPR, consult a lawyer familiar with the regulation.
Quick answers – Jump to section
- A Quick GDPR Refresher
- 5 GDPR Best Practices for Cold Emails
- Does GDPR Apply to Me?
- FAQ
- Final Thoughts
A Quick GDPR Refresher
The EU adopted the General Data Protection Regulation (GDPR) in 2016. It replaced the 1995 Data Protection Directive, which was created during the internet’s earliest days.
EU member states had until May 2018 to comply. The regulation sets baseline standards for companies handling EU citizens’ data. It protects how personal data gets processed and moved.
To comply with GDPR, companies must be more conscious of how they handle personal data. This includes:
- Names
- Phone numbers
- Email addresses
- IP addresses
- Mobile device IDs
Even encrypted data falls under this category. If information can identify a person in any way, GDPR covers it.
Failing to protect information properly can lead to fines. Big ones.
5 GDPR Best Practices for Cold Emails
Can you send cold outreach messages and stay GDPR compliant? Yes. But it may look different than what you’ve done before.
1. Only Reach Out to People Who Can Benefit From Your Product
Under GDPR, the personal data you collect should be adequate and relevant to its purpose. That means two things matter:
- Adequacy: How much data do you really need?
- Relevancy: Is the data you’re collecting the right data?
Any offer you send via cold email should connect clearly to your prospects’ business.
Good example: You find a company using your competitor’s SaaS product because they left a review on Product Hunt. You reach out to pitch your solution as a replacement. This relates to their business activity.
Bad example: You spam every address you can find with your CRM sales pitch because “every company needs a CRM.” This doesn’t relate to specific business needs.
To get this specific, segment your lists. Personalize your cold emails based on prospects’ business needs. Email personalization tools like InfluxJuice can help.
Side note: Generic email addresses like info@company or sales@company aren’t personal data. Since GDPR applies to individuals, these addresses may not be affected. They aren’t ideal for marketing, but they’re an option if you can’t meet specificity guidelines.
2. Be Able to Explain Exactly How You Got Someone’s Email Address
GDPR pushes businesses to handle personal data appropriately. Only collect the data you actually need. Explain why you’re emailing and how recipients can remove their data from your list.
Use a message like this:
“I’m reaching out because I found your name and email address on LinkedIn. Your company might benefit from our [product/service]. If you’d rather not hear from me, let me know and I’ll delete your information.”
You don’t have to use a cold unsubscribe link. You need more than that to cover your GDPR bases. Two things to remember:
- Be clear about how you found their information (no legal jargon)
- Actually delete their data immediately if they ask
Don’t just mark them as unsubscribed. Delete them from every place where you’ve stored their information.
Learn more about building high-quality backlinks and maintaining data integrity here.
3. Understand the Limits of Data Consent
Sending a valid cold email is one thing. What you do after that matters just as much.
Most marketers throw cold email contacts into a nurture sequence after initial engagement. Maybe they aren’t a fit now, but through regular contact, you’ll be top-of-mind when they need your product.
Under GDPR, you may need permission to follow up this way. When you collect personal data like an email address, you need to inform the individual you’ve stored it. Your prospects must actively opt in before you start sending marketing messages.
Here’s the tricky part: asking for consent to receive marketing materials is itself sending marketing material.
What options remain? Follow-up emails may be acceptable if they follow the same criteria as initial cold outreach. You must:
- Have a legal basis (a specific, targeted reason) for sending the message
- Clearly specify what personal information you’re using, why you’re using it, and how you’re storing it
- Not hold personal information longer than necessary
Sending personalized follow-up messages that cover these three elements may be acceptable. Dropping every email into a generic nurture sequence may not be (unless you incentivize recipients to clearly opt into receiving marketing messages).
4. Practice Good Data Security
Be a good data steward. Do this whether or not GDPR applies to you:
- Only give data access to people who need it
- Make sure any data you’ve stored is secure while you process it
- Only hold data for as long as you need it
- Don’t share data with anyone else without informing the prospect
You don’t need a dedicated data steward if you can take these steps yourself. A consultant may observe your data practices and make recommendations at a far lower cost than hiring a full-time data employee.
5. Document Everything
Keep records of how you collect data, why you’re using it, and how long you store it. If someone questions your practices, you need proof you’re following the rules.
Create a simple spreadsheet tracking:
- Where each contact came from
- When you collected their information
- What you’re using it for
- When you plan to delete it
This takes five minutes per campaign. It could save you thousands in fines.
Does GDPR Apply to Me?
GDPR is an EU regulation. If you’re U.S.-based, do you need to worry?
Yes and no.
GDPR covers the personal data of all EU citizens, no matter where they are. If you’re 100% confident your business only works with U.S. citizens, GDPR compliance may be less important.
But can you guarantee the people you’re reaching out to aren’t EU citizens living or working abroad? If not, it’s worth getting comfortable with GDPR.
Practically everything described here should be considered best practice for all organizations anyway. Protecting personal data and sending targeted outreach messages benefits everyone.
If becoming GDPR compliant forces you to rethink how you send cold emails for the better, that’s a win.
FAQ
Can I still send cold emails under GDPR?
Yes. You just need to be more careful about how you collect and use data. Target your outreach, explain how you got their information, and delete data when requested.
Do I need explicit consent before sending a cold email?
Not for the initial cold email, as long as you have a legitimate business reason and the email is relevant to the recipient’s business. For follow-up marketing emails, you may need consent.
What counts as personal data under GDPR?
Names, email addresses, phone numbers, IP addresses, mobile device IDs, and any information that can identify a person. Generic company emails like info@company may not count.
How long can I keep someone’s email address?
Only as long as necessary for your stated purpose. If they don’t respond or ask to be removed, delete their information promptly.
What happens if I violate GDPR?
Fines can reach up to €20 million or 4% of annual global turnover, whichever is higher. Even small violations can result in significant penalties.
Does GDPR apply to B2B cold emails?
Yes, if you’re contacting individuals. GDPR protects personal data, not company data. Generic company email addresses may have different rules.
How do I prove I’m GDPR compliant?
Document everything. Keep records of where you got contact information, why you’re using it, and how you’re storing it. Show you delete data when requested.
Final Thoughts
GDPR didn’t kill cold emails. It killed lazy cold emails.
You can still reach out to prospects. You just need to be more thoughtful about who you contact, why you’re contacting them, and how you handle their information.
Follow these five practices:
- Only contact people who can benefit from your product
- Explain how you got their email address
- Understand consent limits for follow-up emails
- Practice good data security
- Document everything
These aren’t just GDPR requirements. They’re good business practices that build trust and improve response rates.
Want to see how InfluxJuice helps businesses send compliant, effective cold emails? Jump on a call with us and learn how we transform marketing campaigns and boost engagement.
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