The GDPR applies wherever you are processing ‘personal data’. Let's call them Tesbury's. See Articles 3, 28-31 and Recitals 22-25, 81-82. Those two legal grounds are consent and legitimate interest. In this blog post, I’m going to look at the consent you will need to obtain in order to continue to email your database, from both a B2B and B2C perspective. It’s important to note that sole traders and certain partnerships are seen as individuals. The same level of protection may therefore stand for both. If they submit a company name along with a company email address, then you know it’s a company you’re dealing with. ... no clear distinction has been provided in draft texts between B2B and B2C communications. This can be difficult. Pre-GDPR law has a clear line between B2B and B2C marketing, but will this line be preserved under the GDPR, or will it be eroded? If you haven’t done so, start emailing your database now to get them to opt-in. The best thing B2B marketers can do right now, is to understand GDPR and the truth about how it will affect their business. You should highlight the challenges they’ll encounter if they don’t opt-in – such as not being able to read the great content you’re currently sending them! However, you must continue to give recipients the ability to opt-out of future emails and include a privacy notice to tell individuals how their data will be processed (a link to your GDPR compliant privacy policy will go down well here!). Sole Traders and some Partnerships do fall into this category and should be treated as B2C 3. Out of all B2B practices, the most threatening to data privacy is cold outreach — this doesn’t mean it’s completely banned though. Article 3 of the GDPRstates that the GDPR applies to any company, anywhere in the world, that: 1. 1. A corporate body can be a Scottish partnership, limited liability partnership or government body. Further reading in the GDPR. On 25 May 2018, the General Data Protection Regulation (GDPR) will come into force, and if you’re not compliant, your entire email database could be under threat from extinction… or is it? 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. If you use a marketing automation system, such as SharpSpring, you can create dynamic content which means that as soon as one of your leads opts back in, they stop seeing the GDPR message, while everyone who hasn’t opted back in keeps seeing it. An individual visits your website from your advert, fills in the form using their personal email address and downloads your guide. All rights reserved IDM is a registered trademark. How GDPR Relates to you Personally. You will just need to prove that they opted-in. The GDPR does not replace PECR. If you need help making your email database GDPR compliant, get in … Here are a few. An issue with the above examples is that sole traders and some partnerships fall under the same regulation as B2C contacts, not B2B. Join our newsletter to find out about the latest marketing insights and industry Add a required field to your form that asks for their company name. Partly, this is due to the legacy of PECR – legislation which does mandate consent for B2C marketing – and partly down to businesses’ incomplete understanding of GDPR. In order for people to access your guide, you require them to complete a form asking them for their email address. We’d recommend reading the ICO’s guide to PECR to learn more. Monitors the behavior of people in the EU Let's see whether either of these conditions applies to your company. The GDPR may still apply where IncNet engages a data processor established in the EU to perform services for IncNet. National approaches. Offers goods and services in the EU (whether paid or for free), or 2. No, the mere fact that your website is accessible in the EU does not mean that GDPR will automatically apply. The processing will fall within the material scope of application when the data processed qualifies as personal, unless one of the exceptions of Article 2.2 applies. But there are a few things you could do: But the problem with all of the above is that they can be prone to error. What information does the GDPR apply to? However, the DMA’s advice is … news. The Tesbury's procurement department is large, with several hundred people. A double opt-in would be a wise addition here, such as an email asking them to confirm their subscription, but it’s not a requirement. The IDM offers a Professional Certificate in GDPR to help you prepare. Because of this size, it may be possible to send information to a 'Procurement Manager' or similar, but because there are several people who hold that post, it may not be possible to specifically identify one person. If you have any questions about managing your marketing in a post-GDPR World check out our webinar recording here. You have to ask for active consent when processing personal data 2. Does the GDPR apply to business-to-business marketing? the guide download. You need to add the following to your form: Easy. The IDM offers a Professional Certificate in GDPR to help you prepare. Does GDPR Apply to Individuals? Before we dive into the differences, let’s set the scene. How GDPR affects B2B marketing. You run an ad promoting your latest guide or piece of content. Personal data. One sure-fire way of staying GDPR compliant is to treat your B2B and B2C contacts the same. Personal data under the GDPR is defined as any data that relates to a living person. This entity can be anything from non-profits to for-profit businesses, public organization, sole traders and more). And since GDPR did not distinguish between B2B and B2C data subjects, marketeers had initially felt they were, as it were, off the hook. Consider this another way, in a small business there may be a single procurement manager in a business, meaning that it is possible to specifically identify someone through their job title. The GDPR does not generally apply to IncNet and its business activities. GDPR does not apply to those who process personal data of EU citizens if it is exclusive to household or personal activities. Does the GDPR recognise differences between B2B and B2C Marketing. Example 4: A website that facilitates language exchange meetups in Houston. The one caveat to that that the GDPR does not apply to people processing personal data in the course of exclusively personal or household activity. Your leads, customers, employees and anyone who’s data you process. The General Data Protection Regulation, which was made enforceable in May of 2018, is a broad and comprehensive piece of legislation designed to protect the personal information and data of individuals, to place more stringent responsibilities upon organisations who handle personal data, and to address the rapidly … Our marketing technology experts will show you how GDPR can be a game-changer! You’ve fulfilled the “transaction” by sending them the guide, which means you no longer have the right to retain their details. GDPR does not apply: Since this website is not designed to serve or target residents of the EU/EEA, it need not comply with the GDPR, even if it is accessible within the EU/EEA. From this information, you should be able to ascertain as to what type of business they are. It also applies to companies who have no office or employees in the EU. You can email the guide to the recipient and you can send further marketing emails, without the need for consent. Some are not applicable to B2B marketing – the main two lawful basis for processing personal data that apply to B2B marketing are ‘Consent’ and ‘Legitimate Interest’. So this question comes down to whether it's possible to identify a specific person from their business information. A double opt-in email is a “better safe than sorry” approach. At the IDM we are passionate about educating marketers and providing resources to help advance your career. While all European Union (EU) businesses should now be fully compliant with the General Data Protection Regulation (GDPR), B2B firms based in the United Don’t miss an update! If you are interested in enhancing your CV and upskilling, browse through our wider range of marketing courses and qualifications; from one-day short courses to post-graduate diplomas. You want them to adopt your product. Does the GDPR apply in the USA? One way to try and get around this obstacle is to ask people how many employees work at the company. You do not have to have a branch or a subsidiary in the European Union for the law to apply. The GDPR speaks about data subjects residing in the EU and a data subject is an identified or identifiable natural person whose personal data is processed by a controller or processor. Marketers must have a legal basis to process personal data under the GDPR. Therefore, CCPA applies to entities that do business in California and those that are part of the corporate group (parents or subsidiaries) of an entity that does business in California. Does GDPR Apply to B2B Data? 9. These are consent, contract, legal obligation, vital interest, public task and legitimate interest. Did you find this blog useful? By: Neal Dyer on 19th December 2017, 6 minute read. Done. 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. This means you wouldn’t be subject to the Regulation if you keep personal contacts’ information on your computer or you have CCTV cameras on your house to deter intruders. Get it GDPR compliant. GDPR provides six legal bases for data collection, processing and storage. One thing we recommend is adding a GDPR message into your current emails, such as newsletters and product offerings, with a link to a form asking them to opt back in. This goes against the very foundation of GDPR, which says you must get explicit consent to continue to email individuals beyond the purpose of the original data capture i.e. Our leader in CRM and Marketing Automation, Neal is responsible for The Marketing Eye being recognised as one of the few Platinum Certified SharpSpring agencies in the UK. However, companies should consider that national rules may differ as the member states may apply stricter rules. GDPR is a complex topic, and although this article will help you to grasp the basics, you and your legal team will need to go through the legislation with a fine-toothed comb. If you’d like help understanding what your business needs to do to achieve compliance, talk to us today for a GDPR audit. You need to comply with both of the regulations in your B2B sales and marketing. The law, therefore, applies to organizations that handle such data whether they are EU-based organizations or not, known as “extra-territorial effect.” The GDPR spells out in Article 3 the territorial scope of the law: 1. The key here is the definition of personal data under the GDPR. One way to do this is by segmenting your lists and excluding personal email addresses, such as ‘@hotmail.co.uk’, from your marketing emails. You can email them the guide, but that’s it. Yes. 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