In addition, marketers will be obliged to ensure that users can access their personal data at any time with options to remove their consent to the use of their information. You should include the visible unsubscription link in each marketing email where your subscriber can: Unsubscribe to this marketing communication So if you were concerned that your account management team can no longer email customers to set up calls unless they have their explicit consent, see how they are getting on with their purchase etc., you didn’t have to be. The company may contact the customer about the freezer, it’s maintenance, warranty etc. These provisions are retained under GDPR. Replacing the Data Protection Act 1998, GDPR is beneficial for both the business and the customer. The company is within their right to contact customers about the service that the customers are paying for. Either way, you don’t want to give your customer service team the opportunity to mis-speak or get something wrong. Plus, using email means that the introduction is digitally recorded. This directive will be replaced with a European law soon as well, we’ve written about that topic here and here. [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).” That doesn’t mean, however, that you can’t send an email to an individual’s business email address without prior consent. The marketers will be obligated to inform the users of what the organization is about and to name any third parties with whom the organization would share the information. It does require a bit of work, putting together good quality content that non-clients might be interested in. The law treats such emails as spam which could lead to significant fines. GDPR: Do I really need consent to contact my customers? For this legal basis money has to have exchanged hands, it’s not an option for free services or products. There must be a valid contact address available to people so they can unsubscribe or opt out. © Copyright 2017 - Business Brew - Privacy Notice - Sitemap - Terms & Conditions. The second thing to grasp is that a data process (so one action you take with data, like storing in your CRM system or storing for a tax audit) can only have one legal basis for processing. According to a survey from the Global Alliance of Data-Driven Marketing Associations (GDMA) and Winterberry Group, 92% of companies use databases to store information on a customer or a prospect. Under GDPR, you can continue to call and email prospects based on recommendations from existing customers. These provisions are retained under GDPR. Every email marketers should ensure a proper way for their contacts to unsubscribe, in order to be compliant for the EU GDPR. This would include audit or tax purposes. It is about personal data protection. The GDPR does not replace PECR – although it has amended the definition of consent. The existing laws fail to incorporate considerations for advanced web technology, smartphones or social media. Legitimate interest may seem like a silver bullet, however, you need to have all your legal Ts crossed and Is dotted otherwise you could get into real trouble (more on this from the ICO here). GDPR is tightening up the rules and increasing the fines. The law treats such emails as spam which could … Hence, businesses must ensure that the way they do cold emailing is GDPR-compliant. If you fail to comply, you may get fined by a hefty sum amounting to millions of dollars. To receive no further information by newsletter or e-mail, the customer receiving them need only object to processing for marketing purposes. You can talk to your customers about this. GDPR covers personal data that your company has collected in the past. GDPR. If you are using Gmail, then you can assume that your data is being held in, or passing through, or accessible from the USA. The new General Data Protection Regulation (GDPR) legislation, to be introduced on May 25 2018, brings far-reaching changes that will make organizations accountable for their actions while empowering and protecting the users. The scaremongering: You won’t be able to contact customers after May 25th 2018. As per the existing regulations, email marketers are only permitted to send emails to their previous clients or those that opted in to receive such emails at the time they were signing up to the organization’s mailing list. You must not send marketing emails or texts to individuals without specific consent. Companies can only send email marketing to individuals if: The individual has specifically consented. Over the past year, I've worked on getting our database of prospects to ‘opt-in’ to our newsletter. GDPR violations can carry huge fines – up to 20 million pounds or 4% of your global revenue, whichever is higher. If you are emailing previous customers, that may be OK under the ‘soft opt-in’ rules as long as there is a clear option to unsubscribe. However, the new ePR is … Yes. Each promotional email you send must include an option to unsubscribe. Phew. The EU General Data Protection Regulation (GDPR) fundamentally changes how businesses can email potential and existing customers, and how they monitor online behaviour. Therefore, much indicates that e-mail marketing is allowed without consent, at least for existing customers. One of the best ways to reach new prospects through referrals is to ask your existing customer to introduce the both of you and tell them why he/she is doing it. The concept of double opt-in emails is also becoming more important. 12. Opt-in is not the same as consent. You cannot switch around as you please (more detail on this here). That will allow you to see any Message Event data retained by SparkPost for that customer. Check out the latest blogpost about how you can still sell customer data under the GDPR! The unsubscribe process under GDPR needs to be clear and simple. For businesses that are dependent on more outbound forms of marketing towards European customers, GDPR can be something of a legal minefield with costly ramifications. GDPR does not specify the way, so it does not say “you should use the ‘unsubscribe’ link”. Cold emailing typically entails processing personal data which the GDPR law governs. But, that doesn’t mean we are not open for a brew!If you’d like an inbound marketing chat over coffee, reach out via email. As per the existing regulations, email marketers are only permitted to send emails to their previous clients or those that opted in to receive such emails at the time they were signing up to the organization’s mailing list. force people to consent). The result: Lots of emails looking for consent that were unnecessary and in some cases even illegal. So a data subject (i.e. The ePrivacy Directive means that every EU country has their own specific laws and even some convenient exceptions. They are an existing customer who previously bought a similar service or product and were given a simple way to opt out. She will turn your web presence into a magnet and always has wind in her sails. Remember, present consent in an intelligible and easily accessible form, using clear and plain language. This would give subscribers the opportunity to understand what they are signing up to. That means that the GDPR has implications for pretty much all data that’s the bread and butter of an outbound call centre’s operation. You can learn more about opt-in and consent differences in this post and this one as well. As for email marketing, the GDPR does not ban email marketing by any means. Under the existing ePrivacy directive you require opt-in to send any direct marketing emails (watch out for local laws, in Germany you have the double opt-in where as in other countries you do not require opt-in for B2B marketing emails). The GDPR is not here to ruin your business, so each of these lawful basis covers different cases and simply needs to be applied correctly. However, the company may not contact the customer about the dishwasher offer coming up in June (unless they have opted in and given consent to do so). Inbound Marketing, The EU is in the process of replacing the current e-privacy law with a new ePrivacy Regulation (ePR). This means you can process customer data for this purpose (careful, this doesn’t mean you can contact customers with sales & marketing messages). You can’t ignore GDPR in customer service. Under GDPR, you can continue to call and email prospects based on recommendations from existing customers. Do you want to know about this topic, or if you have other questions to write about, just leave a … It came into effect in May with one definitive aim: to balance the interest of the data controllers and the data subjects. There is a limited exception for your own previous customers, often called the ‘soft opt-in’. They may have downloaded an ebook or other resource, and during this process consented and opted-in to receiving marketing email from you. However, the company may not contact the customer … In addition, companies are prohibited from emailing consumers who had not consented to electronic communications with the aim of asking them to opt in to emails. Here’s the but... you cannot send them marketing email. There are quite a few things to consider including a legitimate interest assessment, a potential Data Privacy Impact Assessment and informing data subjects about your intentions. Some companies opt for legitimate interest as the lawful basis for processing instead of consent for marketing purposes. Consent to having their data processed (GDPR) This means for your customers, that you can contact them about what they have bought but you cannot send them additional marketing email unless they consented (GDPR) and opted in (ePrivacy) to this. The short answer is that you’re not. Prior to the introduction of the GDPR, companies would be prudent re-assess their consent mechanisms to ensure that they are detailed and precise in their nature, are prominently displayed, and facilitate easy withdrawal. If you do good inbound marketing, you will likely have recorded consent and opt-in from your customers to contact them via marketing email while they were still a lead. GDPR is about protecting a person's data. You can do this by preparing standard forms that provide all information required by GDPR and ask candidates to sign. The GDPR did not set out to be anti-business, just pro-consumer. This lawful basis only applies if it’s dictated by EU or member state law. Opt-out methods of communication will not be allowed under GDPR because they are similar to pre-ticked opt-in boxes. 21(2), (3) GDPR … It can come in many forms and be used by any organization. You may have to hold onto contracts, invoices, etc., for legal reasons. Review existing talent pipelines. You need to comply with both GDPR and PECR for your business-to-business marketing. your customer) can be involved in multiple data processes; one for audit purposes, one for billing, one for delivering the service. … This means your data subject has to agree to two tick boxes: This means for your customers, that you can contact them about what they have bought but you cannot send them additional marketing email unless they consented (GDPR) and opted in (ePrivacy) to this. So let’s bust this myth and take the fear out of contacting customers! allow you opt-out etc). In addition, companies are prohibited from emailing consumers who had not consented to electronic communications with the aim of asking them to opt in to emails.
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