Bavarian data protection authority prohibits the use of Mailchimp


It is one of the most popular newsletter software solutions for small businesses. Now the data protectionists in Bavaria have banned a company from using Mailchimp. The reason: processing of personal data outside of the GDPR.

The Trump era is still having an impact: the relationship between the USA and Europe has not yet returned to normal, at least in the area of ​​data protection, to such an extent that it would be possible to process personal data of EU citizens in the USA without any problems. A valid adequacy decision by the EU is still missing, which would state that compliance with the GDPR data protection level is also guaranteed in the USA. The last decision of this kind, which formed the basis for the US-EU Privacy Shield, was overtaken by the European Court of Justice in 2020.

A company from Bavaria that used Mailchimp to send newsletters had to determine the practical consequences of this. The company, which was founded in Atlanta / Georgia in 2001, offers an automated marketing solution that is primarily tailored to smaller website operators.

Standard contractual clauses are not sufficient

In a decision of the Bavarian State Office for Data Protection Supervision (BayLDA) from March 2021, which has now become known, based on the Data protection wiki GDPRhub published the authority informs an applicant that it considers the transmission of e-mail addresses to Mailchimp to be inadmissible against the background of the ECJ ruling. Even the application of the so-called standard contractual clauses in the data processing contract does not ensure that a level of data protection comparable to the GDPR is maintained.

For the company affected by the decision, the matter went off lightly. It undertook to the BayLDA not to transmit data to Mailchimp in the future, the office refrained from further measures.

The BayLDA is responsible for data protection law for companies that are based in the Free State. To what extent other data protection authorities will join the Bavarian position remains to be seen.


Source: com! professional by www.com-magazin.de.

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