Infographic legislation: What you need to know about sending email campaigns in France!

published on 22/02/2017,

updated on 17/08/2021

This is often the case when it comes to email marketing training. Even in the professional camp, legislation is a field in which it's not always easy to find one's way around. That's why we've decided to produce an infographic to help you understand French legislation on email marketing. If you adhere to these few principles, you should be in compliance with French law, and in a short while we'll also be trying to present you with an article on examples of good and bad practice in this area. But let's concentrate on one subject at a time 😉

Infographic:

In text mode 😉

The fundamental principle

The sending of any commercial message by email requires the prior and explicit consent of the recipient. This consent must be revocable.

B2C (individual)

Prospect : Optin-in required
Customer If the message is about a product similar to the one already purchased, the optin is not mandatory.
Non-commercial If the prospecting is not commercial, for example in the charity sector, the person must simply be informed and be able to object.

B2B (professionals)

Nominal address The message must be related to the profession of the person contacted. At the time of collection, the person must be informed and be able to object.
Generic address Addresses of legal entities are not subject to the principle of consent and the right to object.

In all cases

Any document that contains personal data, which is the case for most databases, must be declared to the CNIL.
Each email campaign, regardless of the category to which it belongs, must accurately identify the advertiser/owner of the data.
It is essential to offer a quick and easy way to unsubscribe in all your email communications.
Don't forget to mention the rights of access and rectification to the collected data. Specify how these rights can be exercised.
Explicit consent must be obtained through a checkbox. If this one is pre-checked, the consent will not be valid in the eyes of the law.

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The author

Jonathan Loriaux

I've been involved in email marketing for over ten years, and my career path began on the technical side (email campaign integration) before moving on to sales (as an eCRM expert) and finally marketing consultancy. For the past 9 years, I've been the author of the Badsender.com blog. Emailing isn't just an expertise, it's truly become my passion, which is why Badsender is now my main activity, with the creation of an emailing consulting business linked to the site.

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