GDPR for Digital Marketers in the US: Everything You Need to Stay Compliant
If you’re a digital marketer in the U.S., here’s a wake-up call:
Just because your business isn’t based in Europe doesn’t mean you’re off the hook when it comes to GDPR.
If even one person from the EU visits your site, signs up for your list, or clicks your ad — congratulations, GDPR applies to you.
Sound intimidating? Don’t worry.
This guide breaks it down step by step — so you can stay compliant, avoid fines, and still run high-performance campaigns through platforms like HubSpot.
Let’s make privacy a power move, not a panic button.
What Is GDPR (And Why Should US Marketers Care)?
The General Data Protection Regulation (GDPR) is an EU law that protects the personal data and privacy of EU citizens. It governs how organizations collect, store, use, and share user data.
Even U.S.-based companies must comply if they process personal data from anyone in the EU.
Violating GDPR can lead to penalties up to €20 million or 4% of global revenue — whichever is higher.
If you run international campaigns, GDPR matters.
The Core Principles of GDPR You Must Understand
1. Consent Must Be Clear and Freely Given
No more pre-ticked boxes or hidden fine print. Users must actively opt in, and you must document that consent.
2. Purpose Limitation and Transparency
You can only use the data for the purpose you stated when collecting it. If you said it’s for newsletters, you can’t sneak it into retargeting ads.
3. Right to Access and Deletion
Anyone can request a copy of their data — or ask you to delete it entirely.
4. Data Minimization
Don’t collect more than you need. Keep it lean.
5. Security and Storage
You’re responsible for keeping that data safe — and reporting breaches within 72 hours.
How GDPR Affects Email Marketing
Email is where most marketers trip up — but it’s also the easiest place to fix.
- Double opt-in: Confirm subscriptions before adding to your list
- Unsubscribe links: Clear, easy to find, and honored immediately
- Preference centers: Let users choose what types of emails they want
- Audit your contact database: Don’t email anyone without consent
Using HubSpot? Its email tools are GDPR-friendly if configured correctly.
Setting Up GDPR Compliance in HubSpot (Without Killing Your Campaigns)
HubSpot has built-in GDPR tools — you just need to turn them on and use them right:
Enable GDPR Features
Go to Settings > Account Defaults > Privacy & Consent. Turn on GDPR settings to display consent checkboxes automatically.
Customize Your Consent Banners
Add specific purposes (e.g., marketing, product updates) with clear language.
Add Legal Basis to Forms
Every form should include a legal justification (like consent or legitimate interest) with required checkboxes.
Set Contact Property Rules
Use workflows to only email contacts with recorded consent.
Create a Privacy Page and Link It
Include this link in every footer, form, and email.
Bonus: Use HubSpot’s Consent API to sync with other systems.
GDPR Audit Checklist for Digital Marketers
Use this quick checklist to ensure your systems and campaigns are compliant:
- Do your forms have unchecked opt-in boxes with clear language?
- Are you storing consent records in your CRM (e.g., HubSpot)?
- Can users easily unsubscribe or manage preferences?
- Have you limited data collection to only what you truly need?
- Are your cookies disclosed and consented to (especially in the EU)?
- Can you export and delete user data on request?
- Are you documenting data processing activities?
- Do your emails include links to your privacy policy?
- Have you trained your team on GDPR basics?
If you can’t confidently check all of these, it’s time to tighten up.
Don’t Fear GDPR — Use It as a Trust Advantage
Yes, GDPR compliance takes effort. But it’s also a competitive edge.
Consumers are tired of spammy tactics and shady data practices. By staying compliant, you position your brand as transparent, ethical, and trustworthy — and that pays off long term.
Epic RevOps helps U.S. marketers build GDPR-compliant, high-converting funnels using HubSpot automation and clean data structures.
Want us to audit your setup?
Book a GDPR compliance review today.