Last week, France’s data regulator (CNIL) fined Google €325 million for two practices: placing ad units that resemble emails inside Gmail inboxes and setting cookies during account creation without valid user consent. Google has six months to change course or face daily penalties.
For solo operators, the message is clear: design and consent are not aesthetic choices—they’re compliance and deliverability levers. (CNIL, Reuters)
Why marketers should care (even outside France).
Regulators coordinate. If an ad looks like an email or nudges tracking without clear opt‑in, expect heightened scrutiny from both watchdogs and mailbox providers.
Confused users mark spam. Complaints tank your sender reputation, and no clever creative recovers a bad complaint rate. (TechRadar)
Consent‑first, in practice.
- Plain consent language. Make opt‑in unmissable, specific, and separate from terms. No pre‑checked boxes.
- Honest presentation. Don’t style promos to mimic native inbox elements; label sponsored placements and keep email templates clearly “email.”
- Friction‑free opt‑out. One‑click unsubscribe. Put it where eyes go—footer and sometimes header. These steps lower complaints and protect inbox placement. (Braze)
Deliverability still runs on reputation.
Political noise aside, Gmail and Yahoo publicly steer senders to the same targets: pass SPF, DKIM, and DMARC; keep reported spam under ~0.3% (aim for ~0.1%); and send only what subscribers expect. If your complaint rate creeps, reduce frequency, reaffirm value, or remove non‑responders. (Braze)
Your monthly audit (15 minutes).
- Auth check: SPF/DKIM pass, DMARC policy present (even p=none while you align).
- List health: Remove hard bounces; segment by recency; add a re‑engagement step before sunset.
- Template honesty: No inbox‑like chrome, clear sender identity, visible one‑click unsubscribe.
- Measure what matters: Prioritize CTR, replies, and conversions over opens, and iterate weekly. (MarTech)
Bottom line: the CNIL fine isn’t just a Google story—it’s a line in the sand. Treat consent as a product feature, design for clarity, and protect your reputation signal by signal. That’s how small senders keep winning the inbox.