It can be anything from a name, a photo, an email address, bank details, your posts on social networking websites, your medical information, or your computer’s IP address.” GDPR BUSINESS CHARTER 1 > General characteristics Company Credendo – Export Credit Agency Title document GDPR Business Charter Date 12/12/2018 Version 2.1 Classification Public Status Final Document reference GDPR Business ECA 122018 Revision frequency Ad hoc Document owner Data Protection Officer ECA Rules relating to the protection of personal data of natural persons acting as … The contacts reside on my PC and Mobile Phone and not in the cloud. GDPR regulation for small business comes into effect from 25 May 2018. However, that does not mean you can’t send cold marketing emails. Data accountability and the DPA. We’ve heard this a lot recently. As the live date for the General Data Protection Regulation (GDPR) gets ever closer, people are beginning to realise the scale and the impact it could have on their business. Never bundle consent with your terms and conditions, privacy notices, or any of your services, unless email consent is necessary to complete that service. Provided the controller has the necessary consent, the actual sending of the email is not really impacted by GDPR. I would stress this should not be seen as a simpler route to take than Consent. Legitimate Interests may well prove most appropriate for some B2B activities. At the IDM we are passionate about educating marketers and providing resources to help advance your career. If someone has shared your email and is now marketing to you without your consent, it IS a GDPR breach and you can respond to them asking for an erasure request (request to get your data deleted). If you would like to learn more about GDPR and understand how it might affect your business, the IDM offers the Professional Certificate in GDPR. The short answer is that you’re not. This Directive gave us the Privacy and Electronic Communications Regulations (PECR) in the UK. Knowledge centre. Under GDPR, email consent needs to be separate. [email protected], or just the business email address, e.g. Once this date rolls around there will be no room for interpretation of the legislation from member states, and all organisations that wish to trade with data within or with the EU must comply in order to reduce the risks to personal data throughout Europe and beyond. The regulation sets out expectations and advises on how to achieve them. Lead Forensics, a B2B lead generation software tool, have also confirmed that it’s their understanding that you can continue to email individuals at a business. In the draft Consent Guidance, it says: You should always choose the lawful basis that most closely reflects the true nature of your relationship with the individual and the purpose of the processing. Yes. So, for example, if you have the name and number of a business contact on file, or their email address identifies them (eg initials.lastname@company.com), … Jessie Day. 2 years … If an organisation is relying on Consent as the lawful basis for processing personal data, even when it comes to business email addresses, it will need to comply with the definition of Consent, as per Article 8.11 which says Consent means: any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. A good marketing email should ideally provide value to the recipient and be something they want to receive anyway. Personal data is defined by the GDPR as “any information relating to an identified or identifiable natural person.”1 This broad definition encompasses … When is my business allowed to share email addresses? The GDPR's goal is to strengthen personal data protection for EU citizens, whether they reside in the EU or elsewhere. [email protected] Therefore, any email address with an individual’s name listed within it in this way must be handled under DPA legislation, and the GDPR as of May (2018).”. GDPR for small businesses. If you’d rather not hear from me, just let me know and I’ll delete your information.” As you can see, you don’t have to use a cold unsubscribe link. The first thing to make clear is that a business email address does fall within GDPR. It includes obvious information such as a person’s name, address, and email but even things like an IP address, account information, or bank details. However, even if this exemption holds, named corporate B2B data is still personal data, and would therefore have to be processed in line with the GDPR. However, in the B2B world, this isn’t quite as clear. The only … You can consider the use of Legitimate where another lawful basis is not available due to the nature and/or scope of the proposed activities, or where there are a number of lawful bases that could be used but Legitimate Interests is the most appropriate. When it comes to using a business email address for marketing purposes, it is the Privacy and Electronic Communications Regulations (PECR) that sit alongside current data protection legislation, which govern how an organisation can use email addresses for marketing by email, telephone, text or fax. Note: The ability to email an individual at a business, as outlined in this blog post, does not apply to sole traders and some partnerships. 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. There is a hope (which may be fading) that member states will be able to make provision for this under national law. In the Information Commissioner's Office's draft Guidance on Consent it clearly states, "Consent requires a positive opt-in.". In response to a specific request made to the ICO last September, a case officer said: “If a business email address includes the name of an individual it can be considered personal data. If a business email address is personal data it will fall under the scope of the Regulation. I have come across a number of articles claiming that B2B communications do not fall under the scope of the EU General Data Protection Regulation and it will simply be business as usual come 25 May 2018. As GDPR draws closer, more and more questions are going to be asked about exactly what you can and cannot do, and we’ll be answering them. I hold current and past customer contacts along with business address, email and telephone details. Direct marketing is recognised as a legitimate interest under Recital 47 of the GDPR and is deemed a legal basis for processing the data. Cyber Claims: GDPR & Business Email Compromises Rising. The other lawful bases are; contract, legal obligation, vital interests, public task and last but not legitimate interests. Read our comprehensive guide to make sure your business is compliant. Join our newsletter to find out about the latest marketing insights and industry It would identify them as an individual i.e. My company employs only me. 24 November 2017. Simply because my email address relates to me at work does not mean I am no longer a data subject and I am identifiable from it, in just the same way as I would be identifiable from my personal email address. Article 4.1 of the GDPR states: If a business email address is personal data it will fall under the scope of the Regulation. Finally, the GDPR requires data controllers to take active measures to protect the personal data they possess and to mitigate the potential damage in case of a breach. The first thing to make clear is that a business email address does fall within GDPR. 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. As for email marketing, the GDPR does not ban email marketing by any means. The GDPR did not set out to be anti-business, just pro-consumer. It is however not all doom and gloom, Consent with an opt-in is not necessarily the only way and prospecting is not dead and buried. Another point to consider is the proposed new ePrivacy Regulation governing electronic regulations. 145.In addition, many employees have personal corporate email addresses (eg firstname.lastname@org.co.uk), and individual employees will have a right under section 11 of the DPA to stop any marketing being sent to that type of email address.” PECR clearly distinguishes between marketing to people within companies and marketing to individuals; the rules for the former are more relaxed and allow for an opt-out. GDPR will apply to how personal data, including email addresses, is processed, while PECR gives further … If your small business sells or markets to a European audience, you need to know about GDPR and ensure compliance -- and you may want to consider a re-permission email campaign. Your thoughts on where I stand with GDPR and the need to obtain consent from current and past customers would be appreciated. Yes, collecting and processing business emails is the subject of GDPR. The new Regulation is due to replace the 2002 ePrivacy Directive (amended 2009). If consent is difficult, this is often because another lawful basis is more appropriate, so you should consider the alternatives. Whether you send around an email newsletter, or you capture a customer's details for a prize draw, you must take steps to safeguard this information and keep it confidential. That's all I have. 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. GDPR regulations are sweeping and complicated, and there is little guidance provided by the law itself for what you need to do. And when breaches happen, they blame companies that collect the data more than the hackers that hack it. Businesses must be compliant with the GDPR by 25th May 2018. GDPR defines personal data as: “Personal data is any information relating to an individual, whether it relates to his or her private, professional or public life. Reply Steven MacDonald . Our opening hours. The ICO has been keen to stress Consent is only one of six legal grounds for processing personal data under the GDPR. It had been hoped we would have a final text of the ePrivacy Regulation soon, but it is still being debated and has yet to be agreed. So, if you collect any data that may be used to identify someone, such as their name, home address, email address, or telephone number, this is protected data under the GDPR. Is your business GDPR-compliant? 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. I believe this is a mistaken view and B2B marketers need to adapt and change to be compliant in the rapidly changing privacy landscape we face. By: Neal Dyer on 13th September 2017, 3 minute read. The GDPR is concerned with the privacy of an individual's data, be that individual a client, customer, employee, or business partner. However, sending business emails does mean … However, “the change of heart” still left those in the B2B community wondering if they were allowed to email individuals at a business, e.g. If you are performing any action with any EU citizen’s personal data as a business, you have to comply with GDPR. The GDPR applies wherever you are processing ‘personal data’. The European GDPR requires companies to secure emails containing sensitive data of EU citizens. The aim was for the ePrivacy Regulation to be implemented in line with the GDPR on 25 May, but this is increasingly unlikely, so it is expected PECR will run alongside the GDPR in the interim. The GDPR is not about cold emailing. 12.07.2019. Business email compromise (BEC) has overtaken ransomware and data breach by hackers as the main driver of AIG EMEA cyber claims, according to the latest cyber claims statistics. It is advisable to document any assessment and decision taken, to clearly demonstrate why the organisation considers Legitimate Interests to be appropriate in any given scenario. If you are unsure about how to market to these types of businesses, please refer to theICO website. GDPR Compliant Email. “I’m reaching out because I found your name and email address on LinkedIn, and it looks like your company might benefit from our [product/service]. The key here is the definition of personal data under the GDPR. Back in January 2017, it was revealed that B2B marketers could indeed email businesses, thanks to a rare U-turn from the EU. Question: Are Work Email Addresses and Business Contact Information Considered “Personal Data?” Answer: Yes, in most cases. Our learning and development team will be happy to advise based on your needs and requirements. © 2001 - 2019. Work email addresses are considered as personal data if the individual is identifiable from the address name. BUT, if you then add my email address to your company marketing list and I begin to receive emails for a new purpose (such as advertising your latest widget), that wouldn’t necessarily be justified by your ‘legitimate interest’ outweighing my rights, and ought to involve my consent for that purpose. If you have a burning GDPR question, but can’t find the answer through the minefield of information already out there, tweet us @themarketingeye and we’ll do our best to answer it for you. And, with tools like CRM software allowing you to create eye-catching emails and then send them, en masse, to targeted lists of contacts, email marketing in 2020 has never been so easy, effective, and affordable. The simple answer is that individuals’ work email addresses are personal data. The same level of protection may therefore stand for both. However, as it currently stands, no clear distinction has been provided in draft texts between B2B and B2C communications. That doesn’t mean, however, that you can’t send an email to an individual’s business email address without prior consent. [email protected]? So, for example, if you have the name and number of a business contact on file, or their email address identifies them (eg initials.lastname@company.com), the GDPR will apply. It is not about businesses. The key here is the definition of personal data under the GDPR. Besides frantically worrying about complying with GDPR — and the associated costs — business executives should remember that GDPR is trying to address a very real public concern. individuals must be clearly informed that you are relying on this lawful basis and they must have a clear opportunity to object to such processing. Consider the fact that every business comes with different data processing needs and requirements and you might find yourself overwhelmed and lost with this European law. Although the text of the regulation doesn't mention "emails" per se, it states that every online identifier is considered personal data. The public at large remains incredibly concerned about the privacy of their personal data. These rules are intended to make sure that the content you’re sending to users is honest, accurate, and doesn’t mislead them. Many are still wondering whether they can email businesses that haven’t explicitly opted-in, after 25th May 2018. If you are able to identify an individual either directly or indirectly (even in a professional capacity), then GDPR will apply. A big push behind the GDPR was the idea of data accountability. Claims Intelligence Series. It would identify them as an individual i.e. All rights reserved IDM is a registered trademark, The GDPR and business-to-business email communications. The ICO, which is responsible for upholding GDPR in the UK, say this in its direct marketing guidance: “These rules on consent, the soft opt-in and the right to opt out do not apply to electronic marketing messages sent to ‘corporate subscribers’ …… The only requirement is that the sender must identify itself and provide contact details.". For example, firstname.lastname@company.com, which will … The use of Legitimate Interests must also be transparent, i.e. Simply Business - Insurance for your business. Tutanota is a secure email service with built-in encryption. It is about personal data protection. Therefore we strongly recommend that organisations respect requests from any business not to email them. To help address that confusion, Bryan Cave is publishing a multi-part series that discusses the questions most frequently asked by clients concerning the GDPR. It is crucial that organisations give this careful consideration and ensure they have balanced their own interests with the privacy rights and freedoms of individuals. This effectively means that GDPR defers to the existing Data Protection Act in respect of B2B, with the principal requirements being to identify yourself as the sender and to provide a clear and easy way for the recipient to opt-out. It will remain a choice between using consent or legitimate interests for sending electronic B2B communications. Furthermore, the ICO’s direct marketing checklist reveals that as long as “individual employees can opt out” than you can email them, without a confirmed opt-in. In fact, you need more than that to cover all your GDPR bases. This includes data stored anywhere within your organization, including in emails. Encryption is a key data protection component of the GDPR. Unless you get express permission from the customer (not automatically opting them in.) On the face of it, the GDPR is quite clear - you must get the explicit consent of individuals in order to communicate with them. How can you bulk email out invites to out of organisation participant and ensure their email address is hidden from others? 13-minute read. However, GDPR can affect the returned message event data to the extent that such data indirectly or directly identifies a EU data subject. If a business email address is personal data it will fall under the scope of the Regulation. news. 0333 0146 683. john.smith@business.com. (In my opinion) Exercising your rights. GDPR requires that emails show the identity of the sender, include a physical address, identify what the content is about, indicate whether the message is promotional in nature, and not use deceptive messaging. In response to a specific request made to the ICO last September, a case officer said: “If a business email address includes the name of an individual it can be considered personal data. Email is still one of the most accessible marketing channels available to small businesses. Call Us. ICO (Information Commissioner’s Office) UK guidance website stipulates that electronic communications to personal business emails must be of “legitimate interests”. Whenever necessary, you can easily send end-to-end encrypted emails to any email address so that your business can achieve GDPR compliance for all emails. Article 4.1 of the GDPR states: 'personal data' means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; There is no debate that a personal email address, such as john.smith@yahoo.com constitutes personal data, so why would john.smith@CompanyX.com be any different? A person’s individual work email typically includes their first/last name and where they work. - 1370506 Data as a simpler route to take than consent reserved IDM is a secure email service with encryption. The law itself for what you need to do or just the business email Compromises Rising article of. 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