Mailchimp 1920x1239px

Mailchimp no longer GDPR compliant – are you affected?

Author Dennis Hüttner

If you use Mailchimp as a newsletter tool, you should definitely read on. In our blog post, you will learn why it is becoming increasingly difficult for German companies to use Mailchimp for data protection reasons. We will explain what this means for your company and what steps you need to take.

Who or what is Mailchimp?

Mailchimp is simple and effective. Many companies use Mailchimp as a newsletter tool and have seen the company develop from a small service provider into one of the leading providers of newsletter and automation solutions in recent years. However, the US provider could now face a challenge - in connection with the "Schrems II" ruling from last summer. This ruling declared the EU's "Privacy Shield" agreement on data transfer to the USA invalid.

newsletter graphics

Source: freepik.com

What happened?

A Munich-based company used the US provider Mailchimp to send its newsletters, after which a complaint was filed with the Bavarian State Office for Data Protection Supervision (BayLDA). The authority decided that the use of Mailchimp did not meet the requirements of the GDPR and prohibited the company from further using the tool. The reason for this decision was that the data transfer to Mailchimp was not secured by additional data protection measures.

What does that mean for you?

Based on this decision, the Bavarian Data Protection Authority has decided that German companies may no longer simply transmit the email addresses of their subscribers to the US newsletter provider Mailchimp.

It is important to understand that this decision is not yet binding for you. So far, it is merely a data protection complaint procedure from a supervisory authority. Since the company concerned has accepted the decision, there will be no judicial clarification for the time being (!). How a court would decide on this matter remains speculative.

Do you want to avoid legal risks and stay on the safe side? Then we recommend the following approach:

What are possible next steps?

First of all: stay calm! You should not end your collaboration with Mailchimp in a hurry, as this could potentially damage your business. We are aware that changing newsletter providers involves a lot of effort and can raise many questions. In order to make a possible change well prepared and structured, you should not allow a court decision to put you under time pressure.

Our advice: Look for alternatives to Mailchimp in good time to be on the safe side legally. We recommend that you choose a European company. The reason for this is that European companies are subject to the requirements of the GDPR. This means that if data protection regulations change, European providers must adapt their services accordingly.

We recommend the following newsletter providers to our customers:

  • CleverReach (Rastede, D)
  • short (until 2023 sendinblue, formerly Newsletter2go – Berlin, D)
  • rapidmail (Freiburg, Germany)
  • Mailjet (Berlin, Germany)

These providers offer different pricing models that differ in detail. To find out which alternative tool or provider best suits your needs, the following questions can be helpful:

  • Where are we today and where do we want to go?
  • What are our goals?
  • What added value does our newsletter offer?

These questions are closely linked to the topic of newsletter marketing. We will discuss the associated opportunities in a separate article.

Would you like to know more details?

We have compiled an overview of the providers and their most important functions (key features) for you.

Recipients E-mails Price
up to 250 1000 / per month 0
from 250 (no limitation) 9 € / month

https://www.cleverreach.com/de/preise/ (Version of 6.5.21 )

Recipients E-mails Price
Unlimited 300 / day 0

https://de.sendinblue.com/preise/ (Version of 11.09.2024 )

Recipients E-mails Price
Shipping to max. 10 recipients always free First shipment to up to 2.000 recipients free 9€ / month

https://www.rapidmail.de/preise-newsletterversand (Version of 6.5.21 )

Recipients E-mails Price
Unlimited number of contacts 6 emails per month
max. 200 emails per day
0

https://www.mailjet.de/pricing/ (Version of 6.5.21 )

You don't know what to do and need support?

You haven't yet switched to a GDPR-compliant newsletter provider and are unsure how to deal with the data protection requirements? At KAOS, we are happy to support you and help you find the best alternative for your company.

Please note that our advice is not a substitute for legal advice. However, with our many years of experience, we are at your side and can help you select the right provider.

Contact us now for a free consultation – together we can overcome this challenge!
Your online specialists from KAOS

Start your project now!

    Any questions?

    Eliana Gramer
    Eliana Gramer

    Head of Web/Digital