It’s early January, 2025, and Klaviyo is raising prices again.
And Klaviyo is not even a GDPR compliany solution for email marketing. They do provide some tools for partially be compliant (especially with forms), but that’s far from being compliant.
If you don’t remember, Klaviyo changed prices in 2023 e 2024 também.
First of all, I want to personally say good things about Klaviyo. It’s an amazing technology solution, and we (vibetrace) have learned a lot from them, especially on UX part and product strategy.
GDPR Compliance Checklist for Marketing Automation Solutions
Here’s a list we put together for a solution like Klaviyo to be GDPR compliant.
| Requirement | Descrição |
|---|---|
| Data Processing Agreement (DPA) | Ensure a DPA is in place with all clients, outlining data handling practices and responsibilities. |
| Gerenciamento de consentimento | Obtain explicit, informed, and freely given consent for email marketing; track and store proof of consent. |
| Right to Access | Provide tools for users to access their personal data upon request. |
| Right to Rectification | Enable users to update or correct their personal data. |
| Right to Erasure (Right to be Forgotten) | Allow users to request deletion of their personal data, and ensure deletion from all systems. |
| Data Portability | Provide users with a copy of their data in a structured, commonly used, and machine-readable format. |
| Minimização de dados | Collect only the data necessary for the intended purpose; avoid excessive data collection. |
| Purpose Limitation | Use collected data only for the purposes consented to by the user. |
| Opt-Out Mechanism | Provide a clear and accessible way for users to unsubscribe or opt-out of marketing communications. |
| Segurança de dados | Implement robust security measures to protect personal data (e.g., encryption, regular audits). |
| Data Breach Notification | Notify authorities within 72 hours of discovering a data breach involving personal data. |
| Third-Party Compliance | Ensure all third-party vendors and integrations comply with GDPR standards. |
| política de Privacidade | Maintain a transparent, easily accessible privacy policy detailing data usage and user rights. |
Klaviyo is designed to support GDPR compliance by offering features such as GDPR-compliant sign-up forms, consent management tools, and data processing agreements.
Klaviyo Help Center about GDPR
However, certain aspects may require additional attention to ensure full compliance:
- Data Storage Location: Klaviyo stores all customer data in the United States. While Klaviyo participates in the EU-U.S. Data Privacy Framework (DPF) and incorporates Standard Contractual Clauses (SCCs) to facilitate lawful data transfers, Klaviyo some organizations may prefer or require data to be stored within the EU to meet specific compliance needs.
- Sign-Up Form Visibility Without Cookies: Klaviyo’s sign-up forms rely on cookies to function properly. If a user does not accept cookies, the forms may not display as intended, potentially impacting the ability to collect consent in a GDPR-compliant manner. Klaviyo Community
- Handling Sensitive Data: Klaviyo’s Acceptable Use Policy prohibits the use of sensitive data within the platform. Organizations that need to process special categories of personal data must ensure they do not upload such data to Klaviyo, as this could lead to non-compliance. Klaviyo
It’s important to note that GDPR compliance is a shared responsibility. While Klaviyo provides tools to facilitate compliance, organizations must implement appropriate policies and practices to ensure they meet all regulatory requirements.
How does Vibetrace address those:
- Data Storage Location: we have data centers in EU (Amsterdam, Irland) and we can configure our solution in a dedicated cloud as well (for example we have customers in Switzerland with local cloud)
- Sensitive Data: vibetrace single tenant addresses handling of sensitive data.
- Data anonymization: our platform allows for complete anonymization of user-data, without any remaining original reference
- Record Keeping Obligations: archiving of user communication is fully compliant within Vibetrace, storing all data (personalization, email content)
