GDPR and outsourcing Telemarketing

[KM Creative]

There doesn't seem to be a definitive answer out there. My question is this, with the new GDPR ruling is telemarketing B2B potential clients illegal now? Or is there certain criteria you need to adhere to?

The reason for this is that I am thinking of contacting either a telemarketing firm or salesperson in order to drum up potential business.

Thanks in advance

 

[Deleted member 169416]

Hi

The rules on direct marketing are governed by the Privacy and Electronic Communications Regulations (or PECR) - not under the GDPRs, so the rules haven’t changed. However if under PECR you need consent to send marketing communications this will now be the new standard of consent under the GDPRs.

There are different rules for marketing to individuals or businesses, and are generally not as strict for marketing to businesses (although sole traders and partnerships are treated as individuals).

The ICO provides a checklist which sets out what you need to do when marketing to individuals and businesses via different forms of communication (emails, live calls etc) - we can't post a link here, but please search for the following: 'ico - media - for-organisations - documents - 1551 - direct - marketing - checklist - pdf'. This shows that for live calls you do not need consent, although you must screen against the Corporate Telephone Preference Service and allow businesses to opt out.

Note - the PECR are being replaced (possibly next year) and so the rules are likely to change, so you should keep an eye out for developments.

Please do let us know if you need clarification.

Lawpoint

 

[KM Creative]

HI
Many thanks for the reply To clarify it is still possible to call businesses as long as they are not on the Corporate TPS list? After reading the document I can see the law is far more relaxed regarding business to business contact. I think the confusion comes from not clearly defining between individuals and companies especially when you search 'gdpr and telemarketing' . Again many thanks for your help.

 

[Deleted member 169416]

Hi, you're welcome.

Provided the business isn’t registered with the Corporate TPS list AND you have run against your own internal opt-out list. I.e. if you contact a business and they ask you not to contact them again you should maintain records of this to ensure you don’t contact them again in future.

Hope that helps clarify.

 

[fisicx]

This shows that for live calls you do not need consent, although you must screen against the Corporate Telephone Preference Service and allow businesses to opt out.

Does this mean autodiallers and recorded messages are not permitted?

 

[Deleted member 169416]

Hi

Recorded calls require specific consent otherwise they will not be permitted. "Specific" will mean consent in relation to the specific company calling and to receive automated calls.