By Sue White, Head of Information Law Services
I have a cupboard under my stairs. It’s full of things that seemed useful at the time. I continue to add to it, but I haven’t sorted it out in years: old phone chargers, miscellaneous cables that I know must fit something, and instruction manuals for appliances long since replaced. Items that survive not because they are useful, but because one day… I just might need them.
Marketing databases can be surprisingly similar.
Over time, contact lists grow with every event, competition and enquiry. They might hold contact information for event delegates, networking connections, former customers and newsletter subscribers. Every record was collected for a reason and every name arrived with a purpose. Some turn into important business relationships. Some enjoy the monthly newsletter and attend the occasional event. Others may never respond again. Yet they remain on the list, and just like my jumble of miscellaneous cables, they’re kept there… just in case.
The Problem with “Just in Case”
Data protection law requires organisations to think about fairness, transparency and purpose. Just because somebody consented to marketing several years ago, attended an event once or bought a product in the distant past does not automatically mean they would expect to hear from you today, or even expect you to still hold their details.
The Ancient Consent Record
Imagine somebody downloaded a report in 2020. Since then, they’ve changed role, changed interests and ignored every email you’ve sent.
Six years later, they’re still sitting on the mailing list.
You may have a consent record somewhere in your systems. You may be relying on a soft opt-in. Either way, consider: would that individual reasonably expect to receive your latest marketing campaign?
Good compliance is not just about being able to prove that a lawful basis once existed. It is also about considering whether your marketing remains fair, transparent and aligned with people’s expectations.
Bigger Isn’t Always Better
Marketing teams often focus on obtaining more subscribers. Yet a smaller list of engaged subscribers is usually far more valuable than a larger list of people who haven’t interacted with your organisation for years. Large volumes of inactive contacts can distort campaign metrics, increase complaints and create unnecessary compliance risk.
The goal should not be to collect the most contacts. It should be to maintain meaningful relationships with the people who genuinely want to hear from you.
The Clear-Out
Unlike me, most people occasionally tackle the cupboard under the stairs. At some point, everything gets pulled out and reviewed. The same approach can be valuable for marketing data.
Ask yourself:
Don’t Mistake Silence for Engagement
But surely, if they haven’t unsubscribed, they must still be interested?
People miss emails, change jobs, create new email addresses or simply forget they ever signed up. The absence of an objection should not automatically be interpreted as ongoing enthusiasm.
A healthy marketing programme looks beyond whether someone has remained subscribed and instead considers whether there are signs of active engagement and continued interest.
A Better Measure of Success
When assessing the quality of a marketing database, perhaps the most important question is not how many people you have but how many of those people would be pleased to hear from you. The answer may be smaller than expected, but it is likely to be far more valuable.
Like the cupboard under the stairs, marketing databases tend to fill up gradually. Before long, nobody is entirely sure what’s being kept or whether it still belongs there.
Data protection law does not require organisations to throw everything away. But it does encourage us to be intentional about what we keep and thoughtful about who we contact.
Sometimes, the most productive thing an organisation can do is open the door, turn on the light and ask: “Do we really still need all of this?”
On that note, I’m off to tackle the cupboard…
Further Help
If you found this useful and want to know more about how to send marketing communications lawfully, whether you’re from a charity or a commercial organisation, book a place on our next Lawful Digital Marketing and Consent course, being held online on 17 November 2026, 9:30am-1pm, or contact us on info@naomikorn.com for more information.
