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Mailchimp no longer GDPR compliant – are you affected?

Author: Dennis Hüttner

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

Who or what is Mailchimp?

Mailchimp is simple and effective. Many companies use Mailchimp as a tool for newsletters and have been able to observe in recent years how the company has developed from a small service provider into one of the leading providers of newsletter and automation solutions. However, a challenge could now be looming for the US provider — in connection with the „Schrems II“ ruling from last summer. This ruling declared the „Privacy Shield“ agreement of the EU for data transfers to the USA invalid.

Newsletter graphic

Source: freepik.com

What happened?

A Munich-based company used the US provider Mailchimp for sending its newsletters, which led to a complaint being filed with the Bavarian State Office for Data Protection Supervision (BayLDA). The authority decided that the use of Mailchimp did not comply with GDPR requirements 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 this mean for you?

Due to this decision, the Bavarian Data Protection Authority has ruled 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 by 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 in 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 under no circumstances hastily end your collaboration with Mailchimp and thereby potentially harm your business. We are aware that changing newsletter providers involves effort and can raise many questions. To ensure a well-prepared and structured transition, you should not allow yourself to be pressured by a court decision.

Our tip: Look for alternatives to Mailchimp in good time to ensure you are legally compliant. We recommend choosing a European company. The reason for this is that European companies are subject to GDPR requirements. This means that if data protection regulations change, European providers must adapt their services accordingly.

We recommend the following newsletter providers to our clients:

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

These providers offer different pricing models, which vary in detail. To find out which alternative tool or provider best suits your needs, the following questions may 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 learn more details?

We have compiled an overview of providers and their most important functions (Key Features) for you.

Recipients Emails Price
up to 250 1000 / per month 0
from 250 (no limit) 9 €/month

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

Recipients Emails Price
Unlimited 300 / day 0

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

Recipients Emails Price
Sending to max. 10 recipients always free First sending to up to 2,000 recipients free €9 / month

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

Recipients Emails Price
Unlimited contacts 6,000 emails per month
max. 200 emails per day
0

https://www.mailjet.com/pricing/ (As of: 06/05/21)

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

Have you not yet switched to a GDPR-compliant newsletter provider and are unsure how to handle 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 consultation does not replace legal advice. However, with our many years of experience, we are at your side and will guide you in selecting the right provider.

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

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    Eliana Gramer
    Eliana Gramer

    Head of Web/Digital