GDPR: How certified email helps companies avoid penalties

Compliance with the General Data Protection Regulation (GDPR) remains a challenge for many organizations. Years after its entry into force, penalties not only continue to increase, but do so at an accelerated pace. In this context, more and more companies are choosing to certify all communications related to the processing of personal data, especially those linked to obtaining express consent.

Certified email has become established as a simple, fast, reliable, and economical tool to demonstrate —in an irrefutable manner— that an organization complies with the obligations imposed by the GDPR.

The obligation to inform and the risk of penalties

The GDPR establishes two key obligations:

1. Obligation to inform

Companies must inform customers, suppliers, employees, and other stakeholders about:

• What data is collected.
• For what purposes it is processed.
• Under what legal basis.
• What rights the data subject has.

When the legal basis is consent, it must be explicit, informed, and unambiguous. In addition, the GDPR allows this information to be provided by electronic means, provided it is concise, clear, and accessible.

2. Obligation to demonstrate

Compliance alone is not enough: the company must be able to demonstrate that it complied. This principle, known as proactive accountability (accountability), is one of the pillars of the Regulation.

The usual problem is not whether the company informed, but whether it can prove it reliably before the competent authority.

The real risk: high fines for lack of evidence

Since the entry into force of the GDPR, the AEPD has issued hundreds of resolutions, with a significant percentage of penalties derived from:

• Lack of proof of having informed the data subject.
• Lack of evidence of consent.
• Inability to accredit essential communications.

Fines can reach:

20 million euros or 4% of annual global turnover,
whichever is higher.

In numerous resolutions, the AEPD emphasizes the absence of “any proof” that would allow considering the data processing performed as legitimate.

Certification of communications: overcoming the limitations of conventional email

Many companies believe they comply with the GDPR because they send emails informing or requesting consent. However, the problem appears when they need to prove it.

Conventional email:

• Does not demonstrate irrefutably that it was sent.
• Does not prove its delivery to the recipient.
• Can be easily altered or challenged.
• Does not offer guarantees against the recipient’s denial (“I never received that email”).

For this reason, more and more organizations are turning to certified communication methods such as:

• Burofax (Royal Mail)
• Certified mail
• Certified email

The essential value lies in the fact that the evidence is provided by an independent third party, not by the company itself.

Certified email: the best option to comply and demonstrate

Certified email is the digital alternative to burofax regulated by the eIDAS Regulation, fully valid for legal purposes within the EU.

A certified email simultaneously accredits:

1. Sending. Demonstrates that the communication was issued on a specific date and time.

2. Content. An exact copy of the message body and attachments is preserved.

3. Attachments with cryptographic hash. Each file is sealed with a SHA-256 digital fingerprint, guaranteeing its immutability.

4. Delivery. Delivery to the recipient’s server is accredited based on SMTP standards.

The result is an evidence certificate —electronically signed— that neither party can manipulate afterwards.

Why is this solution superior to others?

• It is instantaneous.
• It is economical.
• It is automated.
• It is easily traceable.
• It does not require recipient interaction.
• It can be used in bulk sends.
• It is more sustainable by avoiding paper and postal logistics.

eEvidence implementation: a key tool for GDPR compliance

eEvidence, one of the leading providers of certified electronic delivery globally, offers a solution designed to meet GDPR requirements and multiple benefits:

1. Zero friction for the recipient
The recipient does not need to take any additional action.
Certification is invisible unless the company decides to show a notice.

2. Easy implementation
Simple integration and APIs available to automate certificate downloads and internal processes.

3. International regulatory compliance
eEvidence complies with:

• European eIDAS Regulation
• U.S. E-SIGN and UETA legislation

Ensuring that evidence is accepted as proof in judicial proceedings.

4. Cross-cutting use within the organization
Although it’s key for GDPR, it also serves for:

• Human Resources
• Customer service
• Regulatory compliance
• Finance
• Contractual relationships
• Legal notifications

Conclusion

Organizations are obliged not only to comply with the GDPR, but to demonstrate that they comply. Certified email has become established as the most effective, fast, and economical tool to guarantee:

• The obligation to inform
• Proof of consent
• Documentary traceability
• Mitigation of penalty risk

In an increasingly strict regulatory environment, adopting certified communications is not an operational improvement: it is a legal and strategic necessity.