Better Sharing Unique Legal Risks in E-Card and Invitation Platforms
Why Sending a Card or Invite Still Triggers Privacy Obligations
Sending an e-card to a friend feels like a purely personal interaction. However, from a legal perspective, it often counts as electronic marketing—especially when facilitated through a third-party platform.
If your app helps users send messages to third parties, privacy laws apply—even if the user initiated the communication. This critical distinction is often overlooked by platform developers who assume that user-initiated messages fall outside the scope of privacy regulations.
This article introduces the unique risks that e-card and invitation platforms face when they process contact data, and explains why seemingly personal communications still trigger privacy obligations.
Foundation
This article builds from:
How to Handle Contacts Without Breaking Privacy Laws
Supporting reads:
- Lawful Groundwork – Understanding the legal bases for processing contact data
- The Consent Playbook – Implementing proper consent mechanisms
- Friends Aren’t Leads – Respecting the distinction between personal connections and marketing targets
Why E-Card Features Trigger Regulation
E-card and invitation platforms often assume they’re merely facilitating personal communications, but several aspects of their functionality trigger regulatory obligations:
| Action | Risk Triggered | Regulatory Implications |
|---|---|---|
| Importing contacts | GDPR data processing + CCPA data collection | You become a data controller/business with obligations to both users and their contacts |
| Sending invitations | PECR electronic marketing rules | Electronic communications regulations often apply even to “personal” messages sent through platforms |
| Offering rewards for invites | CPRA financial incentive disclosures | Incentivized sharing requires specific disclosures about the value exchange |
| Storing unmatched contacts | Data minimization violations | Keeping contact data beyond what’s necessary for the stated purpose violates core privacy principles |
| Tracking opens/clicks | Monitoring behavior of non-users | Creates additional processing that may require separate legal basis |
The key issue is that when your platform processes contact data—even to facilitate seemingly personal communications—you assume legal responsibilities under various privacy frameworks.
Real-World Example: Evite’s Consent Challenges
Evite, a popular digital invitation platform, provides an instructive case study. The company updated its invitation flows after facing pressure from privacy advocates and regulators who argued that:
- Invitation recipients weren’t adequately informed about how their data would be used
- Consent wasn’t properly collected for subsequent communications
- Opt-out mechanisms weren’t clearly presented or consistently honored
- Data retention practices weren’t transparent or properly limited
These challenges forced Evite to redesign its user flows to more clearly disclose data practices, improve consent mechanisms, and enhance opt-out functionality.
The lesson is clear: Even non-commercial, “personal” invites can trigger privacy expectations and legal obligations when facilitated through a platform. The fact that users initiate the invitations doesn’t absolve the platform of its responsibilities under privacy laws. (Source)
Special Risks for E-Card and Invite Platforms
E-card and invitation platforms face several heightened privacy risks compared to other types of applications:
| Risk | Why It’s Heightened | Mitigation Strategies |
|---|---|---|
| Third-party data processing | You process data about people who never signed up for your service | Implement clear consent mechanisms and minimize data collection |
| Unsolicited messaging | Messages may qualify as direct marketing under various regulations | Ensure proper identification of sender and clear opt-out mechanisms |
| Lack of recipient control | Invitees often can’t block future messages without platform support | Provide global opt-out functionality that works across users |
| Transparency gaps | Users may not understand what data is used and how | Clearly explain data practices at the point of collection |
| Cross-border compliance | Invitation recipients may be in different jurisdictions than senders | Design for compliance with the strictest applicable regulations |
| Data retention issues | Platforms often store contact data longer than necessary | Implement automatic deletion for unused contact information |
These risks are particularly significant because they involve individuals who have no direct relationship with your platform. This creates additional obligations to protect their privacy rights even though they aren’t your users.
What Not to Assume
Many e-card and invitation platforms make dangerous assumptions that can lead to compliance issues:
| Assumption | Reality | Correct Approach |
|---|---|---|
| “The user initiated it, so we’re fine.” | You control the means and purpose of the data processing—you’re responsible as a data controller. | Accept your role as a data controller and implement appropriate safeguards. |
| “It’s a personal message, not marketing.” | Regulators often classify platform-facilitated invites as marketing, especially if the platform benefits from the communication. | Design your system to comply with electronic marketing regulations, including consent and opt-out requirements. |
| “We delete contacts after sending.” | You still processed the data; consent and transparency are required even for temporary processing. | Obtain proper consent before processing, even if the data will be deleted quickly. |
| “One-time invites don’t need opt-outs.” | Most regulations require opt-out mechanisms for all electronic communications. | Include clear, functional opt-out mechanisms in all communications. |
| “Users are responsible for having permission.” | While users should have permission, platforms still have independent obligations. | Implement systems that encourage proper permission while fulfilling your own obligations. |
For more information on your responsibilities as a data controller for third-party contacts, see: Your App, Their Data
Summary: Even Helpful Features Must Be Designed for Compliance
E-card and invitation platforms provide valuable services that help people connect and celebrate important moments. However, these features must be designed with privacy compliance in mind from the start.
If your platform:
- Imports contacts from users’ address books
- Sends messages to recipients on behalf of users
- Tracks invitations, opens, or responses
- Stores contact information for any period of time
Then you must:
- Get appropriate consent before processing contact data
- Provide clear transparency about your data practices
- Offer effective opt-out mechanisms for recipients
- Minimize data exposure by collecting and retaining only what’s necessary
- Implement appropriate security measures to protect contact data
- Honor data subject rights for both users and their contacts
By designing your e-card or invitation platform with these principles in mind, you can help users share meaningful communications while protecting their contacts’ privacy rights.
Help users share—but protect their contacts too.
Up Next
Read Navigating Global Privacy Regulations for Invitation Services to understand how different privacy laws apply specifically to invitation platforms.
Or revisit:
Lawful Groundwork to better understand the legal bases for processing contact data.