Up until 2024, email marketing has become a significant part of how companies communicate with potential customers. Did you know that 64% of small businesses use email marketing? Here are some more astonishing numbers related to emails: 

• 89% of companies use emails as a number one choice in marketing
• 99% of email users open their emails daily (more those online than physical ones)
• This year, email marketing revenue is predicted to pass 9.5 billion US dollars

With so many emails sent and received daily comes the question of spam and how to avoid it.

Four musketeers of marketing laws

• CAN-SPAM–Controlling the Assault of Non-Solicited Pornography And Marketing

Since 2003, this US law controls messages sent by companies and tells them what they can and can’t send to people. 

• GDPR–General Data Protection Regulation

This is a European Union law that protects personal information. Since 2018, it has been mandatory for everyone who collects personal information.

• CCPA–California Consumer Privacy Act

This law has protected the privacy of Californians since 2018. It’s similar to GDPR, but it also informs customers about how their personal information is used and allows them to request that their data be deleted.

• HIPAA–Health Insurance Portability and Accountability Act 

This has been US federal law since 1996. It protects medical personal information, and patients have access to and control over their data.

What laws you need to uphold depends on the country you’re doing your business. The laws protect not just your potential customers but your company as well. For instance, in Australia, some businesses were fined over 6.5 million AUD for violating the Spam Act. 

So, yes–more than ever, we have stepped into the age of consent. It’s important to follow the laws in order to have successful marketing and reach more customers. In this article, you can read about updates on email marketing for 2024.

Guarding the email accounts of your customers

Imagine you’re doing something in your home (even if it means just slouching on your couch and watching TV with a big pizza nearby) when suddenly there are guests at the door. You didn’t call them; they didn’t call to announce their arrival. They sort of just came, and, to make the surprise greater, you don’t know them. But they think they know you because you were at their bakery and bought a pastry. Once.

That’s how it feels to have a constant stream of spam emails in the inbox. People feel more assaulted than appreciated for receiving all the interesting news the various companies are offering.

The concept of consent in email marketing has long been understood. However, companies often operated under the assumption that as long as recipients didn't explicitly say 'no,' they could continue emailing indefinitely. Recently, though, the definition and application of consent have undergone significant changes.

However, as regulations become more advanced, those who seek to breach them also become more sophisticated. People will always be curious about what's in an email or behind a link. Sometimes, it’s just a nice book discount site or a new pet product, but increasingly, these links lead to fraud. 

In this case, spam is half the issue—the other half is online identity theft. More than ever, people need account takeover protection to prevent hackers from stealing their account credentials or personal data.   

Email marketing key updates in 2024

1. Increased transparency and communication

DSAR–Data Subject Access Request: With consent in email marketing came data collecting. Companies wanted to know what would make you more interested so you would actually open that mail and not just shove it down the spam directory. This is great for both sides, but with data collection came DSAR–Data Subject Access Request meant for companies who would like to let their customers take a look at what personal data the company is processing. If you didn’t know about this before, the entire process can be simplified with the Osano DSAR Platform. Plus, DSAR is not intended for customers only. Depending on your company, you can choose to establish trust with your stakeholders or your partners. 

Privacy notices and consent forms: Do you remember how it felt opening a consent form, scrolling to the bottom, and just hitting ‘yes’ because you couldn’t be bothered to read fifteen pages of small print? Well, these documents are becoming more concise, clear, and user-friendly. Legal jargon is replaced with plain language to make sure that you understand what you are agreeing to. You no longer have to fear you accidentally sold your kidney.

Regular updates and notifications: Marketers will email customers to inform them of any change in privacy policy or data practices. This open line of communication is very important. Plus, this practice helps lower the risk of consent withdrawal due to the lack of transparency. 

2. Expanded regulatory frameworks

DMA–Digital Markets Act and DSA–Digital Service Act: This year, the European Union’s DMA and DSA will introduce stricter rules for digital platforms. These acts will impact how marketers can collect customers' data. They will thus put user consent and transparency first. 

CPRA in the United States: Also this year, an extension of CCPA, CPRA–California Privacy Rights Act—will be fully enforced. It strengthens customers’ rights around data usage and requires companies to offer stronger opt-out mechanisms and greater transparency in their data practices. 

Global Trends: Countries worldwide, like Brazil with LGPD and Canada with PIPEDA, are also implementing new laws or making the existing ones more stringent. Companies that want to use email marketing to boost their business need to be up to date with new regulations in all regions they operate in.

3. Enhanced consent mechanisms

Granular consent options: Instead of only one opt-in checkbox, customers are now offered more detailed choices about what type of communication they want to receive. This approach goes in line with new regulations, but it also shows that trust is important. 

Dynamic consent management: Consent preferences are no longer static. As a customer, you can now update your preferences through user-friendly interfaces. This option reflects the ongoing consent management trend very nicely. A dynamic approach like this helps marketers keep up with up-to-date permissions and fosters ongoing user engagement.

AI and machine learning: AI and machine learning technologies help create a more personalized and less intrusive user experience. Companies are using them to predict consent preferences and optimize the timing and content of consent requests.

4. Focus on user experience

Seamless opt-in process: The process of opting to receive emails needs to be simple and intuitive. It’s only natural that upon seeing complex language and forms, people could choose to stay away. After all, you never know if someone is after your kidney.

Preference centers: Dedicated preference centers will allow customers to easily manage their subscription options and give them more power and control over their personal data. 

Value exchange: Customers are more likely to consent if they perceive a clear benefit. That’s why companies are often offering exclusive offers or personalized content in exchange for consent. After all, we are all likely to say ‘yes’ when we’re told that we’ll receive emails about pet food discounts. 

Strategies for successful email marketing in 2024

Having all these laws and regulations doesn’t mean that email marketing is coming to an end. This means that marketers will have to adapt to the challenges and develop new strategies. Here are some strategies that can help develop email marketing in 2024:

1. Leverage technology for compliance

CMPs–Consent Management Platforms: Platforms like OneTrust, Didomi, or Osano help make the process of collecting, storing, and managing users’ consents more automatic. At the same time, they follow various regulations and ensure compliance with them.

Data encryption and security: When customers know that you, as a company, are using strong security measures to protect their data and prevent breaches, they will be happier and more prone to trust you in the future. Secure data storage and transmission are important to maintaining customers’ trust.

2. Adopt a privacy-first mindset

Privacy by design: Keep in mind privacy considerations and implement them into every stage of your email marketing campaigns, from planning to execution. 

Regular audits: Make regular audits of your data to ensure compliance and identify areas for improvement. 

Train your team: People often say that good behavior starts at home, and something similar applies to companies. To ensure your email marketing aligns with consent regulations, it's essential to train your employees on data protection best practices. 

3. Personalization and segment

Behavioral data: When being personal, you don’t just use customers’ names in an email–you need to give them content that meets their needs and interests. People with no pets won’t be interested in pet food discounts. So, you can use behavioral data to segment your audience and tailor your messages accordingly. 

Dynamic content: Dynamic content blocks in your emails are a great way to show different content to different customers based on their likings and behaviors.

4. Foster transparency and trust

Clear communication: You never really know to whom you are addressing, and you need to make everyone understand what they’re agreeing to. So, you need to use plain language in your privacy notices and consent forms.

Frequent updates: If laws and regulations about email marketing and your data practice change, inform your customers. Also, provide them easy access to their consent preferences. 

5. Monitor and adapt

Stay informed: Keep up with the latest developments in data protection laws.

Be flexible: When new technologies and regulations emerge, be prepared to apply them to your consent mechanisms. 

Not just customers

Have you ever found yourself staring at your inbox (over 2.5 thousand emails unread), thinking that email marketing is outdated? Well, according to the numbers, constantly updated regulations, and the growing number of emails, that’s not the case.

Email marketing in the age of consent is a dynamic and evolving field. These new rules and technologies give more options to work with, so sending emails to all your customers may seem challenging, but it’s also fulfilling knowing that you can offer them what they really want. More of your emails will be opened and read, and more clicks will follow, resulting in more visits to your business site. 

However, none of this is important if you don’t listen to your customers. At this point, they are not just customers or users–they are your people, and you need to look after them. Ask them if they consent and trust their free will, and then align your marketing strategies accordingly.