Do GDPR rules apply to B2B email marketing ?

[gbcv]

If you have an email distribution list, of B2B contacts that have either signed up to be on the list or are businesses that you regularly are in contact with (eg. have an ongoing relationship) will GDPR rules apply to email marketting contact with them after 25/5/18 ?

As i understand if the list was made up of private individuals you have to re apply for their consent (if it wasn't originally obtained in a GDPR approved fashion.)

But is this the same for B2B ?

 

[Clickdocs]

Our understanding is that GDPR applies to all personal data, regardless of the context in which it is processed. An email address that identifies an individual person qualifies as 'personal data' (so joe.bloggs at widgets.com is personal data, sales at widgets.com is not).

If you are relying on consent to process this data, and your consent does not meet the more strict requirements of the GDPR then you may indeed need to obtain fresh consent.

 

[ffox]

Read the threads here - https://www.ukbusinessforums.co.uk/forums/GDPR/

It covers most questions regarding GDPR

 

[cjd]

Yes.

 

[Mark T Jones]

No. Direct from the ICO

Emails comprising [email protected] can be emailed - as at present, you must provide them with a clear opt out.

There is however a readonable chance that this will change in a couple of years.

 

[MikeJ]

Have you got a link to that information Mark?

 

[Mark T Jones]

Have you got a link to that information Mark?

Not to hand. I’m more interested in beer and barbie TBH

 

[cjd]

Yes, no and maybe.

Sole traders and some partnerships are classed as individuals. Corporate email addresses may not be.

But at least two lawyers I've spoken to take the wider view that anything that identifies an individual is personal data and requires an opt in if you're going to market to them. .

 

[ffox]

Yes. email marketing is governed by the PECR regulations, which currently sit side-by-side with the Data Protection Act, and will sit side-by-side with GDPR after May 25th.

PECR rules state -
'You can email or text any corporate body (a company, Scottish partnership, limited liability partnership or government body). However, it is good practice – and good business sense – to keep a ‘do not email or text’ list of any businesses that object or opt out, and screen any new marketing lists against that.

You may also need to consider data protection implications if you are emailing employees at a corporate body who have personal corporate email addresses (eg [email protected]).'

The key here is the last sentence where data protection implication currently refer to DPA, but will refer to GDPR after the end of May 2018.

https://ico.org.uk/for-organisation...elephone-marketing/electronic-mail-marketing/

 

[Nochexman]

I think this is the link to the relevant ICO information https://ico.org.uk/for-organisation...ness-to-business-marketing-the-gdpr-and-pecr/

 

[MikeJ]

Thanks for that.

We are strictly B2B, and I can't think of anyone we deal with that isn't a limited company rather than sole trader or partnership. Our mailing lists consist of people that have contacted us with enquiries people that have registered on our website and people we've exchanged business cards with, either in meetings or at exhibitions/conferences. Our mailshots (two or three per year) always have opt-outs included.

I'm taking a decision to ignore this. It's going to go the same way as the cookies law, isn't it?

 

[cjd]

Ok, the definitive word comes from the ICO. Confused or what....

The rules around business to business marketing, the GDPR and PECR

Does the GDPR apply to business-to-business marketing?

Yes. The GDPR applies wherever you are processing ‘personal data’. This means if you can identify an individual either directly or indirectly, the GDPR will apply - even if they are acting in a professional capacity. So, for example, if you have the name and number of a business contact on file, or their email address identifies them (eg [email protected]), the GDPR will apply.



https://ico.org.uk/for-organisation...ness-to-business-marketing-the-gdpr-and-pecr/

 

[Awinner2]

This is what Aweber advises it's clients regarding GDPR. Interesting reading

https://blog.aweber.com/email-marketing/6-myths-gdpr-email-marketing-debunked.htm

 

[MikeJ]

Ok, the definitive word comes from the ICO. Confused or what....

The rules around business to business marketing, the GDPR and PECR

Does the GDPR apply to business-to-business marketing?

Yes. The GDPR applies wherever you are processing ‘personal data’. This means if you can identify an individual either directly or indirectly, the GDPR will apply - even if they are acting in a professional capacity. So, for example, if you have the name and number of a business contact on file, or their email address identifies them (eg [email protected]), the GDPR will apply.



https://ico.org.uk/for-organisation...ness-to-business-marketing-the-gdpr-and-pecr/

Thanks, that's very helpful. Particularly the "legitimate interests" part of the link.