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. The key here is the definition of personal data under the GDPR. Encryption is a key data protection component of the GDPR. Join our newsletter to find out about the latest marketing insights and industry GDPR for small businesses. If you are performing any action with any EU citizen’s personal data as a business, you have to comply with GDPR. 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 only … The first thing to make clear is that a business email address does fall within GDPR. However, sending business emails does mean … The GDPR applies wherever you are processing ‘personal data’. GDPR regulation for small business comes into effect from 25 May 2018. 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. 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.” Another point to consider is the proposed new ePrivacy Regulation governing electronic regulations. 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. 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. It will remain a choice between using consent or legitimate interests for sending electronic B2B communications. 0333 0146 683. news. Direct marketing is recognised as a legitimate interest under Recital 47 of the GDPR and is deemed a legal basis for processing the data. 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. The GDPR is not about cold emailing. 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. - 1370506 In fact, you need more than that to cover all your GDPR bases. Is your business GDPR-compliant? 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. 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.” That doesn’t mean, however, that you can’t send an email to an individual’s business email address without prior consent. At the IDM we are passionate about educating marketers and providing resources to help advance your career. Never bundle consent with your terms and conditions, privacy notices, or any of your services, unless email consent is necessary to complete that service. Legitimate Interests may well prove most appropriate for some B2B activities. Data accountability and the DPA. I hold current and past customer contacts along with business address, email and telephone details. A big push behind the GDPR was the idea of data accountability. That's all I have. It is not about businesses. My company employs only me. We’ve heard this a lot recently. 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. 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 consent is difficult, this is often because another lawful basis is more appropriate, so you should consider the alternatives. The first thing to make clear is that a business email address does fall within GDPR. How can you bulk email out invites to out of organisation participant and ensure their email address is hidden from others? The use of Legitimate Interests must also be transparent, i.e. ICO (Information Commissioner’s Office) UK guidance website stipulates that electronic communications to personal business emails must be of “legitimate interests”. Therefore we strongly recommend that organisations respect requests from any business not to email them. Businesses must be compliant with the GDPR by 25th May 2018. Many are still wondering whether they can email businesses that haven’t explicitly opted-in, after 25th May 2018. 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. john.smith@business.com. 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 European GDPR requires companies to secure emails containing sensitive data of EU citizens. 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. Read our comprehensive guide to make sure your business is compliant. 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). The new Regulation is due to replace the 2002 ePrivacy Directive (amended 2009). However, that does not mean you can’t send cold marketing emails. 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. 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? 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. Yes, collecting and processing business emails is the subject of GDPR. Simply Business - Insurance for your 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. By: Neal Dyer on 13th September 2017, 3 minute read. [email protected], or just the business email address, e.g. 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. [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).”. This includes data stored anywhere within your organization, including in emails. 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. 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. 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. Knowledge centre. GDPR Compliant Email. 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. This Directive gave us the Privacy and Electronic Communications Regulations (PECR) in the UK. The GDPR did not set out to be anti-business, just pro-consumer. These rules are intended to make sure that the content you’re sending to users is honest, accurate, and doesn’t mislead them. Personal data is defined by the GDPR as “any information relating to an identified or identifiable natural person.”1 This broad definition encompasses … 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. The same level of protection may therefore stand for both. The short answer is that you’re not. © 2001 - 2019. 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. Under GDPR, email consent needs to be separate. 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. “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]. 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. As for email marketing, the GDPR does not ban email marketing by any means. Tutanota is a secure email service with built-in encryption. Provided the controller has the necessary consent, the actual sending of the email is not really impacted by GDPR. Reply Steven MacDonald . 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. 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