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gdpr can i email potential customers

Sales & Marketing are eager to upsell and cross-sell to customers and this is another data process - sending marketing email. A basic example to illustrate: A kitchen appliance company has sold a freezer to a customer. For example, I research and find the contact emails of my potential customers to send them sales emails. It can come in many forms and be used by any organization. The European Union’s approach to online privacy sets new requirements for communications between email marketing companies and their existing customers. Remember, present consent in an intelligible and easily accessible form, using clear and plain language. Opt-in is not the same as consent. Opt-in to receiving marketing email (ePrivacy), Consent to having their data processed (GDPR). However, the company may not contact the customer … The GDPR does not replace PECR – although it has amended the definition of consent. So you are all set to send marketing emails as well as talk to customers about their purchase. The short answer is that you’re not. The only major change is users are signed up based on their own decision to opt in, rather than as a decision by the sender from some other action the user took. Here’s the kicker, in order to send marketing emails you need both. Yes. If your content is good, your customers will want to receive it. 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. These provisions are retained under GDPR. 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. Remember, a data process is one action. 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. That will allow you to see any Message Event data retained by SparkPost for that 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. Our suggestion, focus on customer delight / customer marketing in the inbound methodology. The concept of double opt-in emails is also becoming more important. Some companies opt for legitimate interest as the lawful basis for processing instead of consent for marketing purposes. This is one of the most popular GDPR opt-in email examples. Data controller = the business processing personal data (email addresses, location, names etc) To receive no further information by newsletter or e-mail, the customer receiving them need only object to processing for marketing purposes. They are an existing customer who previously bought a similar service or product and were given a simple way to opt out. The result: Lots of emails looking for consent that were unnecessary and in some cases even illegal. The unsubscribe process under GDPR needs to be clear and simple. 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). 19th Jun 2018 10:47 GDPR has really put a stop to sending unsolicited emails to ‘potential’ clients. 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. 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. The EU is in the process of replacing the current e-privacy law with a new ePrivacy Regulation (ePR). All information provided is accurate as of the date of original publication. Replacing the Data Protection Act 1998, GDPR is beneficial for both the business and the customer. GDPR violations can carry huge fines – up to 20 million pounds or 4% of your global revenue, whichever is higher. GDPR: Do I really need consent to contact my customers? Inbound Marketing, Under GDPR, you can continue to call and email prospects based on recommendations from existing customers. 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. Check out the latest blogpost about how you can still sell customer data under the GDPR! It is not about businesses. Opt-out methods of communication will not be allowed under GDPR because they are similar to pre-ticked opt-in boxes. 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. One popular myth: Under the GDPR you need consent to contact customers. Consent under the GDPR means that a data subject allows you to process their data. Emails from your company’s database can let you identify certain customers, which in translation means that you are able to individualise and localise certain people, which in return means that the data you possess is considered to be personal data. She will turn your web presence into a magnet and always has wind in her sails. 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. A lot of times these are just extremely judicious customers, but it’s also possible that come Friday (May 25, when the GDPR becomes enforceable) there will be some unscrupulous types that will be probing for potential issues they can exploit. GDPR obliges brands to seek consent separately from other terms and conditions. You can’t ignore GDPR in customer service. The company doesn’t understand that consent to process personal data (GDPR) is different from opt-in (ePrivacy Directive) and the rules that come with this (e.g. Make sure it’s freely given (nothing pre-ticked or assumed) and that you provide information on how to revoke consent. 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. Let’s start by illustrating with a “bad” example. However, sending business emails does mean … The existing laws fail to incorporate considerations for advanced web technology, smartphones or social media. However, it is good practice to keep a … All major email laws, including CASL in Canada and CAN-SPAM in the U.S., require brands to give their subscribers the opportunity to opt out from receiving emails. You must not send marketing emails or texts to individuals without specific consent. Or you can email them afterwards with your recruitment privacy notice and the rest of the necessary information. The GDPR unsubscribe rule states that all emails: outbound messages and email marketing messages should specify clearly the way in which the recipient can remove his or her data from your list, or change it. 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). GDPR covers personal data that your company has collected in the past. As for email marketing, the GDPR does not ban email marketing by any means. GDPR is tightening up the rules and increasing the fines. For customers, we are looking at three potential lanes: Consent, contractual necessity and legal obligation. Either way, you don’t want to give your customer service team the opportunity to mis-speak or get something wrong. GDPR does not specify the way, so it does not say “you should use the ‘unsubscribe’ link”. 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. The company may contact the customer about the freezer, it’s maintenance, warranty etc. However, keep in mind that the GDPR applies to more than just your email marketing, and includes your website itself. force people to consent). your customer) can be involved in multiple data processes; one for audit purposes, one for billing, one for delivering the service. So a data subject (i.e. You need to comply with both GDPR and PECR for your business-to-business marketing. Before we dive into consent, let’s take a step back. Do you want to know about this topic, or if you have other questions to write about, just leave a … Each promotional email you send must include an option to unsubscribe. In the run up to closing a contract and while fulfilling a contract / ongoing sales relationship, you are in your right to create a data process for handling customer data. The EU General Data Protection Regulation (GDPR) fundamentally changes how businesses can email potential and existing customers, and how they monitor online behaviour. The company is within their right to contact customers about the service that the customers are paying for. GDPR. Please note, our content (incl blogs, downloads, guides, videos and all webpages) are not being updated during our hiatus. GDPR is about protecting a person's data. It came into effect in May with one definitive aim: to balance the interest of the data controllers and the data subjects. It is about personal data protection. You may contact your customers about the contract and any information they need around this. 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). This is a different process and to make things more complicated, the rules around sending marketing emails are defined in the ePrivacy Directive. They may have downloaded an ebook or other resource, and during this process consented and opted-in to receiving marketing email from you. © Copyright 2017 - Business Brew - Privacy Notice - Sitemap - Terms & Conditions. Pre-ticked opt-in boxes will no longer be regarded as a valid form of consent. Once you understand these and gain confidence, you’ll understand how to communicate with customers. You can learn more about opt-in and consent differences in this post and this one as well. Phew. The scaremongering: You won’t be able to contact customers after May 25th 2018. You can talk to your customers about this. Full GDPR compliance for your entire organisation is a job for your Data Protection Officer, but we’ll help you make sense of the tiny bit of it which relates to sending satisfaction surveys. How customer data moves through your contact center will determine your compliance path. Hence, businesses must ensure that the way they do cold emailing is GDPR-compliant. You may have to hold onto contracts, invoices, etc., for legal reasons. 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. If you fail to comply, you may get fined by a hefty sum amounting to millions of dollars. It only says it should be an easy way, understandable for each person. A company emails all current customers and states that they need consent to contact you about the service in future and that without consent, the company won’t be able to fulfill their obligations. allow you opt-out etc). This provision aims to ensure that users have as much control over the use of their personal data as possible. So let’s run through examples for data processes and legal basis to clarify how you can process customer data: The simple one first. This law also looks set to curb the menace of data exploitation for marketing purposes. PHI of up to 2,000 Veterans Obtained Following Theft of USB Drives, on GDPR Requirements for Emailing Existing Customers. It does require a bit of work, putting together good quality content that non-clients might be interested in. There must be a valid contact address available to people so they can unsubscribe or opt out. 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. These provisions are retained under GDPR. So if these are three big no-nos under the GDPR, how can we contact customers? What the GDPR does is clarify the terms of consent, requiring organizations to ask for an affirmative opt-in to be able to send communications. GDPR - 10 things you MUST KNOW if you email your customers Published on July 27, 2017 July 27, 2017 • 72 Likes • 29 Comments Review existing talent pipelines. Over the past year, I've worked on getting our database of prospects to ‘opt-in’ to our newsletter. 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. The company may contact the customer about the freezer, it’s maintenance, warranty etc. Here’s the but... you cannot send them marketing email. 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. The simple answer is YES. 12. The law treats such emails as spam which could lead to significant fines. Therefore, much indicates that e-mail marketing is allowed without consent, at least for existing customers. In compiling the customer’s personal data, you can query the SparkPost Message Event data via the web UI or the API and search for them by their email address. 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. Plus, using email means that the introduction is digitally recorded. In the next section, we’ll discuss how to make sure your email marketing list complies with GDPR requirements. This lawful basis only applies if it’s dictated by EU or member state law. This would give subscribers the opportunity to understand what they are signing up to. The ePrivacy Directive means that every EU country has their own specific laws and even some convenient exceptions. We can’t make the GDPR go away, but we can debunk a few myths and help you make sense of the parts of it that relate to customer feedback forms. The new law allows email marketers to only send emails to customers who actively opted in for electronic communications. Cold emailing typically entails processing personal data which the GDPR law governs. In order to protect the customer, the new GDPR ask some of the organisations and companies to come up with a “data privacy offer”, or DPO. You can send marketing emails or texts to companies. It’s okay. This directive will be replaced with a European law soon as well, we’ve written about that topic here and here. Under GDPR, you can continue to call and email prospects based on recommendations from existing customers. You can send marketing emails to potential customers who consented to get them from you. Compliance path privacy notice - Sitemap - Terms & Conditions receive anyway complies with GDPR requirements for emailing existing.! Be anti-business, just pro-consumer find the contact emails of my potential gdpr can i email potential customers! Consented to get them from you my business allowed to share email addresses around this GDPR! Within their right to contact my customers promotional email you send must an... Prospect or customer information, then you can continue to call and email prospects based on recommendations from existing.... Or other resource, and during this process consented and opted-in to receiving marketing should! 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