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EU compliance setup · ActiveCampaign

ActiveCampaign, set up GDPR-compliant

ActiveCampaign can do a lot, but takes little GDPR work off your hands: you have to execute the data processing agreement yourself, and you have to build the proof of consent yourself.

Checked

What we looked up for ActiveCampaign

01

Contracting party

The provider is ActiveCampaign, LLC; the Terms of Service are governed by the laws of the State of Illinois.Source: activecampaign.com · read on 3 October 2026

02

Hosting region

Contact data can be hosted in the US, the EU or Australia. ActiveCampaign reserves the right to set the region to the US by default and makes no commitment on the hosting location.Source: activecampaign.com · read on 3 October 2026

03

EU-US Data Privacy Framework

ActiveCampaign, LLC is on the official list. Status on 3 October 2026: active, next recertification due on 24 September 2027.Source: dataprivacyframework.gov · read on 3 October 2026

04

Data processing agreement

The data processing agreement only becomes legally binding once you execute it in your account settings.Source: activecampaign.com · read on 3 October 2026

05

Double opt-in

Double opt-in is tied to the form: it is on for the 'Subscribes to a list' form action, but can be switched off at any time.Source: help.activecampaign.com · read on 3 October 2026

06

IP address in the export

In a list export, the 'IP Address' column is the contact's most recent IP, not the sign-up IP. 'Date Subscribed' is the date the contact joined the list.Source: help.activecampaign.com · read on 3 October 2026

07

Proof of consent

According to its own GDPR guide, proof needs who, when and to what. ActiveCampaign suggests having every form submission sent to you as a record.Source: activecampaign.com · read on 3 October 2026

08

List import

Existing subscribers can be imported without an extra opt-in, but must already have opted in. Paid, rented or borrowed lists are not allowed.Source: activecampaign.com · read on 3 October 2026

09

Sub-processors

For AI features the sub-processor list names OpenAI and AWS Bedrock with location USA, and Twilio for SMS.Source: activecampaign.com · read on 3 October 2026

10

Sending domain

Without your own domain, ActiveCampaign signs emails with its own domain, such as acems1.com.Source: help.activecampaign.com · read on 3 October 2026

This page is not legal advice and we are not a law firm. We report what the vendor itself documents, with a date. Vendors change their terms; the linked source in its current version always prevails.

Typical pitfall

Where ActiveCampaign setups snag in Europe

01

No agreement without a click

Unlike most tools, the data processing agreement does not apply automatically. If it was never executed in the account settings, you are processing without an Article 28 GDPR contract.

02

The export is not proof

The IP in the export is the most recent one, not the sign-up IP. If you have to demonstrate consent, you need your own record: a notification per form, a timestamp in its own field, the consent wording.

Process

How we set up ActiveCampaign

Agreement and region

Execute the data processing agreement in the account, ask support for the region, document the US transfer.

Forms and record

Check double opt-in in every form, write consent with a timestamp into its own field, use form notifications as a record.

Domain and list

Your own sending domain with SPF, DKIM and DMARC; contacts without proof into a re-opt-in.

Questions

What people ask about ActiveCampaign

Is ActiveCampaign GDPR compliant?

No tool is compliant on its own; it depends on the setup. ActiveCampaign is listed under the Data Privacy Framework and offers a data processing agreement, which you have to execute yourself. ActiveCampaign describes no built-in consent log; its own guide relies on form notifications.

Do I have to sign the data processing agreement?

Yes. According to ActiveCampaign, it only becomes legally binding once you execute it in your account settings.

Is my ActiveCampaign data in the EU?

ActiveCampaign does not commit to it. The region can be the US, the EU or Australia, and ActiveCampaign may default to the US. The best way to find out your account's region is to ask support.

Other tools

There is usually more than one tool

The setup costs € 890 for your whole stack. The other tools we have checked the same way:

Tell us how ActiveCampaign runs for you.

Tell us which tools you use and where your contacts come from. In the first call we will tell you whether € 890 covers it or whether more needs fixing, honestly either way.

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