news. There is a hope (which may be fading) that member states will be able to make provision for this under national law. Knowledge centre. 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. These rules are intended to make sure that the content you’re sending to users is honest, accurate, and doesn’t mislead them. On the face of it, the GDPR is quite clear - you must get the explicit consent of individuals in order to communicate with them. The first thing to make clear is that a business email address does fall within GDPR. 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. However, in the B2B world, this isn’t quite as clear. However, sending business emails does mean … A big push behind the GDPR was the idea of data accountability. Encryption is a key data protection component of the GDPR. 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. 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. We’ve heard this a lot recently. The key here is the definition of personal data under the GDPR. For example, firstname.lastname@company.com, which will … The ICO has been keen to stress Consent is only one of six legal grounds for processing personal data under the GDPR. 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. I would stress this should not be seen as a simpler route to take than Consent. It will remain a choice between using consent or legitimate interests for sending electronic B2B communications. It would identify them as an individual i.e. The short answer is that you’re not. All rights reserved IDM is a registered trademark, The GDPR and business-to-business email communications. How can you bulk email out invites to out of organisation participant and ensure their email address is hidden from others? 24 November 2017. The key here is the definition of personal data under the GDPR. © 2001 - 2019. It is not about businesses. The GDPR's goal is to strengthen personal data protection for EU citizens, whether they reside in the EU or elsewhere. By: Neal Dyer on 13th September 2017, 3 minute read. 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. “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]. Jessie Day. 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. ICO (Information Commissioner’s Office) UK guidance website stipulates that electronic communications to personal business emails must be of “legitimate interests”. Question: Are Work Email Addresses and Business Contact Information Considered “Personal Data?” Answer: Yes, in most cases. 2 years … Yes, collecting and processing business emails is the subject of GDPR. 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). 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 … It would identify them as an individual i.e. However, as it currently stands, no clear distinction has been provided in draft texts between B2B and B2C communications. The first thing to make clear is that a business email address does fall within GDPR. [email protected], or just the business email address, e.g. 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. Call Us. 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. 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. When is my business allowed to share email addresses? Reply Steven MacDonald . 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. 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. GDPR for small businesses. This Directive gave us the Privacy and Electronic Communications Regulations (PECR) in the UK. 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.” 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. The regulation sets out expectations and advises on how to achieve them. The GDPR applies wherever you are processing ‘personal data’. Our opening hours. A person’s individual work email typically includes their first/last name and where they work. Your thoughts on where I stand with GDPR and the need to obtain consent from current and past customers would be appreciated. However, GDPR can affect the returned message event data to the extent that such data indirectly or directly identifies a EU data subject. At the IDM we are passionate about educating marketers and providing resources to help advance your career. Email is still one of the most accessible marketing channels available to small businesses. However, that does not mean you can’t send cold marketing emails. GDPR Compliant Email. The European GDPR requires companies to secure emails containing sensitive data of EU citizens. 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. If a business email address is personal data it will fall under the scope of the Regulation. If a business email address is personal data it will fall under the scope of the Regulation. 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. Direct marketing is recognised as a legitimate interest under Recital 47 of the GDPR and is deemed a legal basis for processing the data. Back in January 2017, it was revealed that B2B marketers could indeed email businesses, thanks to a rare U-turn from the EU. 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. Your thoughts on where i stand with GDPR and business-to-business email communications sure your business compliant... Protected ], or just the business email address does fall within GDPR make for! Fall within GDPR citizens, whether they can email businesses, please refer to website. Lawful basis is more appropriate, so you should consider the alternatives rare U-turn from EU. 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