A central point of GDPR is that your marketing data is up-to-date. Thank you for answering my questions and I look forward to reading more from you in the future. Is there a text or email version of the TPS? The General Data Protection Regulation (GDPR) is the European regulation that came into force on May 24 2016 with penalties being applied from May 25, 2018. The GDPR will bring the protection of personal data into focus across all facets of business life, and this is going to alter our approach to B2B email marketing. We’ve updated our own internal processes in order to make our marketing activities GDPR-compliant. And while the incoming laws are about much, much more than marketing activity, for the purposes of this piece, we’ll stick to the email marketing implications. GDPR actively encourages marketers to get granular and to offer as many options to subscribers as possible, whenever possible. When dealing with sole traders or partnerships, the rules governing B2C marketing will apply to B2B marketers so the general position for email and sms will be that you will need opt-in consent. Wergelandsveien 27, My question is this. Email Marketing and the GDPR. or this is wrong? To see the conference agenda or to book tickets, click here. In the past, we’ve relied on buying emails in bulk and blanket-mailing to other firms’ inboxes. In fact, marketing teams at Honda and FlyBe have experienced fines from the UK’s Information Commissioner’s Office (ICO) around their use of email data – and GDPR promised to clamp down even stronger! PECR sits alongside GDPR to bolster the regulation of unsolicited direct marketing by phone, email, text, or other electronic means. This is required by law, so if you haven’t included one then you really should! Thank you. If your subscribers wish to opt-out, they can, with ease, through our GDPR-friendly subscription management center. So, if you are a US based company that has a customer who is based in London, then GDPR will impact you. However, aside from a digital makeover, the biggest change to the EU data protection comes in terms of their reach. The General Data Protection Regulation - aka GDPR. The GDPR applies to personal information. You can therefore send them a marketing email/text as long as you provide an easy way to opt-out of future communications from you. Can you really expect your existing subscribers to opt-in, again? GDPR is good for marketing. Here, we share why today's leading SaaS compa…, Relationship marketing is a long-term strategy with a focus on building close relationships wi…. Simply put, these may have to be renewed in order to comply to the GDPR. If the data subject objects, the controller only has to stop the processing for marketing purposes, but can still process the data for other purposes, e.g. With this in mind, we’ve identified some more specific marketing activities below and looked at how GDPR impacts them. I have a question regarding database marketing. You're welcome, Nick! That's a great question. With GDPR, a lot of statements are “open to interpretation”, which means technology vendors have been reluctant in providing clear answers. You need to do the following in all your campaigns: Provide a clear opt-out method. More than half (51%) of all marketers anticipated that their mailing lists would get smaller. You can connect with Steven on LinkedIn and Twitter. To keep on the right side of GDPR, you should make it simple and straight-forward for users to opt-out of your email marketing campaigns. This includes lead nurturing campaigns, onboarding emails and product training material. To make sure your email campaigns don’t land you in GDPR hot water, we’ve outlined some of the changes or processes you’ll need to put in place to comply with the new privacy laws. There is often a misconception that B2B firms are going to be held to different standards than that of B2C. The GDPR will bring the protection of personal data into focus across all facets of business life, and this is going to alter our approach to B2B email marketing. Hi Steven. Yet, the response rates from their email campaigns has increased from 0.07% per email to 4% per email, which now results in thousands of new sign ups for every campaign they send! As defined by the Information Commissioner’s Office, the UK’s regulatory authority for the GDPR, consent…, “should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject’s agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement.”. It’s a way to save time, communicate regularly with specific audiences and nurture leads until they are ready to buy. Great article clarifying what is a complicated area. In the discussion below, we are limiting B2B contacts to those employed by Local Authorities, Housing Associations, Government Departments and Limited Companies or Corporations. You need to comply with both GDPR and PECR for your business-to-business marketing. It’s important to note that in many cases your pre-GDPR consent will still be adequate. Appendix 2 - B2B and B2C Email Marketing under GDPR. Oh and just to clarify that email isn’t personally identifiable and as such won’t fall under GDPR! Disclaimer: The content in this blog post (including all responses to comments) is not to be considered legal advice and should be used for information purposes only. If you are marketing to mailing lists that have not been updated for years, we have data update services to help you. Data Access. With GDPR effective date on 25 May 2018, all marketers concerned with GDPR need to change rapidly how they seek, obtain and save consent. so basically I understand I should not use emails of people I get connected with via Linkedin for promoting my services without their prior consent. You can only contact this list if the business you are partnering with has consent from their subscribers. For legitimate interest to exist, there must be a “relevant and appropriate” relationship between the data subject and the data controller, according to the GDPR guidelines. Yes, you can send a one-to-one email and invite them to an event. In the past, we’ve relied on buying emails in bulk and blanket-mailing to other firms’ inboxes. If I receive an e-mail address by word of mouth for a buyer at a department store to send my fashion brand collection booklet to, to see if they are interested in the brand, would this be breaking any GDPR rules? So, can you still communicate with existing subscribers? Hello Steven, this was really helpful for someone who s self-employed and had no idea on the do's and dont's. As for GDPR, it has an impact on any business that has data on prospects or customers based in the EU. I need more information on email opt-in done by third party vendors. Even more specifically, we’re talking about B2B businesses. Since working with SuperOffice, he has led the growth of the blog from 0 to 3 million visits per year. The GDPR does not replace PECR. They are an existing customer who previously bought a similar service or product and were given a simple way to opt out. Email marketing laws under the GDPR. Driven by a passion for Customer Relationship Management (CRM), SuperOffice makes award winning CRM software for sales, marketing and customer service. 21 (2), (3) GDPR the data subject always has the right to object the processing of personal data for direct marketing purposes. Supported by Henley Business School, this one-day event is packed with advice and actionable insight from key UK authorities on the forthcoming legislative changes. Or would this be legitimate interest, as it is not a mass marketing e-mail? You cannot send an email and ask people to unsubscribe, with no reply counting as consent. They are an existing customer who previously bought a similar service or product and were given a simple way to opt out. So, it’s important you understand how you might be affected! Like every business, they expected low response rates and anticipated to lose up to 75% of their mailing list. Would it be compliant with the regulation when I send an email asking clients (new clients) to reply with 'unsubscribe' if they do not wish to receive emails and when I get no reply this would be considered as a 'consent' or opt-in ? However, the DMA’s advice is in complete contrast to this. 4. It’s very confusing and the clock is ticking. With this in mind, we’ve identified some more specific marketing activities below and looked at how GDPR impacts them. Guidelines for sending promotional emails to B2B contacts Companies (legal entities) are considered as “corporate subscribers”. The regulation was the culmination of years of work, designed to set out a bold new vision for European data protection standards in the 21 st century. For example, the form below (left) assumed the marketing permission and agreement of our terms and conditions when a prospect has signed up for a trial. Mailjet being an Email Marketing actor, we gathered precious […] As for finding out if you have been reported, I'm not entirely sure. Hello again , so as long as customers have not given opt out or unsubscribed manually from a mailing list its okay to do so? The simple answer is yes, B2B marketing will be affected by GDPR, but to understand how, we need to look a little closer. But, if you take this group of late paying customers and then use this information to proactively email them to remind them about payment and even help them through the process – then this is perfectly acceptable. The best subscription management centers allow subscribers to choose from a wide-range of emails, their frequency (daily, weekly, monthly) and even the medium (video, SMS, email), giving them complete control over how often they hear from you. Joanne Hunter, Head of Marketing for Select Legal said, “I attended a CIM webinar in October last year and they clearly advised B2B marketers would need to gain opt-in for email marketing just like B2C marketers in order to comply with GDPR and avoid hefty fines. Failure to opt out of marketing communications will no longer be sufficient. It’s a simple change, yet it ensures we’re on the right track to being compliant. So, does this mean you need to implement a double opt-in system? Once a prospect clicks the unsubscribe link, they should be able to quickly remove themselves from your email list and you should delete any email marketing related data you store on them. The GDPR won’t change an enormous amount for B2B marketing, especially when it comes to third parties. So an email address that identifies a person such as firstname.lastname@example.org will need consent (an info@ email address will not require consent). Another important aspect of the GDPR which will affect B2B marketing is the requirement to document all processes associated with personal data. You do not have to specifically ask for consent when processing business data; You are allowed to send marketing emails to business email addresses without specific consent if there is a legitimate interest; B2C. To explore these issues, we recently held a webinar on GDPR in B2B: One Year On, which is also available on demand. One question that we have seen arising as of late, is how GDPR impacts B2B marketing. You work in a software company that has segmented its data to group together late paying customers. Not only do you need to offer prospects a quick and easy way to opt-out or unsubscribe from an email list – but you also need to offer them ways to manage their subscriptions with you, including the type of emails they want to receive from you. Steven Macdonald is a digital marketer based in Tallinn, Estonia. El email marketing en el marco del RGPD (o GDPR, por sus siglas en inglés) significa que, como profesional del marketing, necesitas recopilar un consentimiento que se haya dado libremente, de forma específica, informada y que no presente ambigüedad (Artículo 32). So if you’re working in B2B advertising, you must take both under consideration. Defying expectations, these re-permission email campaigns drove more than 450,000 subscribers to (re)opt-in to their mailing list (as well as tripling the average donation amount)! However, it’s not that simple! Instead, you need to reach out to each person individually to see if they are interested in doing business with you (I.e. All without you having to do much work! A huge part of the regulation is how personal data is being used and how individuals can essentially ‘reclaim’ ownership of it. Det er et emne, som har skabt bekymring for marketingspecialister i hele verden. Also out of interest would it be the receiver that report the e-mail to the ICO? Hi Elizabeth. Hi Dima, thanks for the great question! Hi. We didn’t need the GDPR to remind us that customers don’t like spam or that email marketers would rather avoid being labelled as “spammers”. Marketing automation has dramatically changed email marketing. In each individual email, you can include a "subscribe for updates" link in your email signature. According to Art. In the past, we’ve relied on buying emails in bulk and blanket-mailing to other firms’ inboxes. If you’re compliant with the above two regulations, is there anything you need to do to be GDPR compliant? Are you looking for a new email marketing software that has built-in CRM and GDPR functionality? Hi Joe, great question! The final draft of the GDPR is still in a consultation stage, but at the time of writing this, it looks like the vast majority of consumer list sales of email and telephone-marketing data will be stamped out come May 2018. for the performance of a contract. N-0167 Double opt-in refers to an automated email being sent out to new subscribers to confirm that their email address is correct, and they have indeed signed up to receive marketing communication from you. What this means to you is that you cannot pre-tick a box for them or hide your communication policy within your privacy statements. What does the GDPR mean for B2B marketing? The GDPR doesn’t refer to B2B or B2C contacts. To achieve compliance, you have to adopt new practices: New consumer opt-in permission rules; Proof of consent storing systems; and; A method through which consumers can ask their personal information … Based on our own experience - and the removal of thousands of email addresses - we’re sharing what we have learned to show you how you can keep your mailing list GDPR-friendly and use email marketing in this post-GDPR world. So, while it remains an email marketing best practice, you do not need to implement double opt-in any time soon. The good news is that double opt-in is not a requirement under GDPR. What are the rules on using B2B (which includes SCHOOLS as “organisations” under the GDPR) marketing data? The GDPR does not replace PECR – although it has amended the definition of consent. Only send email campaigns to prospects that have explicitly opted-in to receive them. 40% of marketers believed GDPR would significantly disrupt their existing strategy. This situation will not change under GDPR. You don’t have to worry about sending campaigns to people not on our mailing list – it’s not possible! In fact, the goal of the campaign was to move all subscribers into a single database, rather than having two separate mailing lists in different systems. GDPR Conference Europe: Roadmap for Sales and Marketing, The identity of your organisation, together with clear contact details, What will happen with the recipients’ data should opt-in be chosen, Why the data will be needed, and for how long, Data processing being necessary as part of a contract, The need to protect the vital interests of an individual. Thank you." It will feature 10 keynote presentations and live panel discussions; delegates will benefit from case studies, specialist guidance, practical steps to compliance and much more. So, is an email address such as email@example.com personal information? And how would a company be contacted if someone reported them? But, what happens when prospects don’t want to hear from you anymore? Simply put, yes. The Information Commissioner’s Office has (finally) published detailed guidance on the use of legitimate interest as a legal ground to process data under the GDPR. No. If you do send out a campaign and your subscribers do not take any action (i.e. As you can see, following the GDPR, B2C marketing will have to operate in a highly regulated opt-in mode. What did your legal team have to say about it? However, the new ePR … 1 in 3 B2B marketers were expecting their lead conversion rates to drop. Not only do these laws apply to organizations based in the EU, but they also apply to anyone who stores or processes data on an EU citizen. Thank you. GDPR takes existing data protection laws and updates them for the digital age. You need to comply with both of the regulations in your B2B sales and marketing. But first, we’ll start by addressing the elephant in the room: (Just to be clear, we're addressing prospects in this article, not customers. These laws complement one another and above all show some overlaps when it comes to ideas and definitions. Of course, not all email campaigns will end like this. Steven, If you use email in your marketing and sales process then you’ll already know about CAN-SPAM. Because there are limits to how you can segment data under GDPR. Offer subscribers the option to manage the type of content they receive from you. 2. If anything, it’s a wake up call urging marketers to conform to a public that’s requiring more transparency from the business world. The Privacy and Electronic Communications Regulations (PECR) restricts unsolicited direct marketing, which includes both cold emails and cold calls. It is easier to send email marketing communications to any prospects—and to include the opt-out option—than it is to get … 2. This means that it’s important for you and your business to get email marketing right in a post-GDPR world, because it shows no signs of becoming irrelevant as a communication and marketing channel. Second question. Let’s take the GDPR as an example. Hi Pete, thanks for commenting. And, yes, as we said, even for B2B email marketing, you have to be compliant. If the information relates to an individual or identifies an individual, then you will need consent to send a marketing email. [Therefore], your company/organization will have to obtain consent again if it wishes to continue processing the data. Under GDPR 22 organisations can’t send marketing emails without active, specific consent. [If]…your company/organization obtained consent from clients a few years ago using a system of pre-ticked boxes online, it’s now clear that this manner of obtaining consent will not be valid as of 25 May 2018. This ‘right to be forgotten’ is particularly relevant for email marketers. As long as third party vendors have permission from the opt-in list to share their information with you, then it should be fine. they do not open the email), then you will have to remove them from your mailing list. You might also have a case if the email marketing is part of a broader campaign. Kan B2B email marketing overleve GDPR? The primary goals of this new law are to harmonise data processing policies across Europe, protect the data of European citizens and redefine the data processing rules in companies. We didn’t unbundle permission and it wasn’t clear what they would receive once they agreed to the terms and conditions. This means that any data held, must have an audit trail … The precise definition of legitimate interest is still being hammered out, but if a communication can be judged as necessary and not stepping on the interests of the recipient, then legitimacy can be argued. 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