For many organizations, email is a standard means of communication. However, using email to share personal data and confidential information carries legal risks. In certain situations, this can lead to enforcement action under the General Data Protection Regulation (GDPR), including, in serious cases, an administrative fine.
The key question here is not whether email works, but whether its use is organized in a way that is appropriate, secure, and manageable.
What does the GDPR say about email use?
The GDPR requires organizations to protect personal data using appropriate technical and organizational measures ( Article 32 of the GDPR). Sending personal data via email falls under this requirement.
What is considered appropriate depends on the context and the risk to those involved. The more sensitive the information, the stricter the security requirements that can reasonably be expected.
Sending an appointment confirmation requires a different set of considerations than sharing medical records or financial information.
Organizations must be able to demonstrate why their chosen method of transmission provides adequate protection in that specific situation.
When is there a risk of enforcement or a fine?
The risk of an GDPR fine does not arise from the use of email itself, but from the lack of appropriate technical and organizational measures.
If personal data is lost, accidentally altered, destroyed, or accessed by unauthorized persons, this may constitute a data breach.
In practice, this often happens with seemingly minor errors, such as:
- An incorrectly entered email address;
- A file sent without additional security measures;
- A download link that remains active longer than necessary.
If an organization is unable to demonstrate that it has taken appropriate measures in such situations, this may prompt an investigation or enforcement action by the Dutch Data Protection Authority. Whether this actually results in a fine depends on the severity of the incident, the circumstances of the case, and the degree of culpability.
The Importance of Verifiable Security
An important principle under the GDPR is accountability: organizations must be able to demonstrate that they comply with applicable privacy regulations.
It is not enough to simply implement security measures; organizations must also be able to demonstrate that these measures are appropriate for the risk associated with the processing.
This means that organizations must understand how information is shared and what measures are in place to restrict unauthorized access. Without appropriate logging, access controls, and clear retention periods, it may be more difficult to demonstrate retrospectively that actions were taken with due care and in compliance with the GDPR.
In our article " When Is an Email Considered Legally Sent? ", you can read about how this is assessed from a legal perspective.
Why standard email isn't always enough
Standard email provides basic security, such as transport encryption. This protects the content while it is being transmitted between mail servers, but does not, on its own, provide full control over access, availability, or further distribution of files.
For example, an email may be sent correctly but still end up with the wrong recipient. Furthermore, without additional measures, there is often limited visibility into who actually opens a file or how long a document remains available.
For organizations that handle sensitive personal data, additional measures may be necessary to demonstrate that appropriate technical and organizational measures are in place.
You can read more about this in our article "Why Standard Outlook Security Isn't Enough."
The role of data breaches and mandatory reporting
The risk of enforcement becomes a reality when a data breach occurs that poses risks to the rights and freedoms of data subjects.
In that case, an organization may be required to report the incident to the Dutch Data Protection Authority (Article 33 of the GDPR) and, in certain situations, to the data subjects themselves (Article 34 of the GDPR).
Whether a fine is imposed depends on factors such as:
- The severity and scope of the incident
- The nature and sensitivity of the data in question
- The technical and organizational measures taken
- The speed and thoroughness of the organization's response.
In addition to potential penalties, reputational damage often plays an equally significant role. The trust of customers and partners can quickly erode if it becomes apparent that information has not been adequately protected.
How Organizations Mitigate GDPR Risks in Email
Organizations that want to mitigate GDPR risks look beyond simply sending an email. They set up the entire file transfer process, focusing on control, security, and auditability.
This means that organizations need to consider not only encryption, but also:
- Who has access to information
- How long information remains available
- Whether access can be revoked retroactively
- Whether security measures are demonstrably effective and implemented.
By structuring these elements, email usage becomes less dependent on individual choices and easier to manage. This contributes to a risk-based and demonstrable approach to meeting security obligations under the GDPR.
In our article "How to Prevent Data Breaches During File Transfers," you can read about how organizations tackle this in practice.
How organizations can address this in a secure and transparent manner
Organizations looking to reduce the risk of GDPR enforcement often opt for a solution that adds additional controls to their existing work environment. Not by replacing email, but by better managing the process surrounding its transmission.
With FileCap, you can add an extra layer of security to Outlook or Microsoft 365. Files are protected during transmission, recipients can be verified, and you can set how long information remains available. In addition, data is stored within the EU via a European cloud provider.
This helps organizations:
- Control over file access
- Protecting content during shipping
- Logging to support traceability
- Adjustable duration of information availability
This makes email usage easier to manage and enables organizations to better demonstrate that appropriate technical and organizational measures are in place.
You can read more about how this works on our product page.
Conclusion
The risk of an GDPR fine does not arise from the use of email itself, but from the lack of appropriate and demonstrable technical and organizational measures.
Especially when transmitting sensitive personal data, it is important for organizations to be able to demonstrate how data is protected and what measures have been taken to mitigate risks.
By adopting a systematic and risk-based approach to email use, you can significantly reduce the risk of data breaches and potential enforcement actions.
With FileCap, you can add extra control to your existing work environment, ensuring that email usage better aligns with GDPR requirements and enabling organizations to demonstrate compliance with their security measures.
Want to know how your organization can mitigate GDPR risks associated with email use? Request a demo or try FileCap free for 30 days.
Frequently Asked Questions
When can you be fined under the GDPR for using email?
An GDPR fine may be imposed if an organization has failed to implement adequate technical and organizational measures, thereby exposing personal data to unauthorized access, loss, or unlawful processing. Whether a fine is actually imposed depends on the circumstances, the severity of the incident, and the degree of culpability.
Is it permissible to send personal data via email?
Yes, provided that appropriate technical and organizational measures have been taken to protect personal data. Organizations must assess whether email is an appropriate means of communication in each specific situation and be able to justify this decision based on a risk-based assessment.
How can you avoid GDPR risks when using email?
GDPR risks associated with email use can be mitigated by structuring the process in a systematic and risk-based manner. This includes verifying recipients, monitoring access to sent information, implementing appropriate organizational measures, and demonstrating the application of security measures.
