How does the GDPR apply to Direct Marketing?

Unwanted and unexpected direct marketing is deeply unpopular with consumers and the Regulator, but what effect does the GDPR have on the way you carry out marketing?

I wasn't expecting that

People should be expecting to receive your marketing communications. At the very least, it should not be a surprise and it should be easy to unsubscribe.

What does this mean in practice?

Example 1

You're at an event and you get talking to an HR business partner of a potential new client. She gives you her business card.

Can you send her marketing communications?

A. Yes

B. No

View Answer

Yes.

If they give you their business card then they probably expect a call or some other contact from you in the near future.

This is fine as long as any email marketing campaigns you send them have an Unsubscribe option.

Example 2

You've got a great candidate and you want to send out their details speculatively to a manager you know. You're convinced they'll be a great fit for their team. The problem is, you only have the manager's personal email because she used to be a candidate.

Can you send it to her personal email?

A. Yes

B. No

View Answer

No.

You cannot treat candidate data like it's client data. When you collect personal data from a candidate it does not automatically entitle you to use it for client marketing activity. You need permission. It's better to find out their work email instead of assuming you can use the details they gave you for another purpose.

Example 3

David responded to an advert three months ago for a job as a software developer. Since then he's received emails every week telling him about jobs in marketing, HR, legal and sales. He's unsubscribed three times, but they keep on coming.

Is it acceptable?

A. Yes

B. No

View Answer

Of course not.

Firstly, his data is being used for purposes he was not informed about and for roles that are unsuitable. The communications are not relevant to him and he did not consent to receive marketing.

Secondly, the opt-out process is clearly not working. When someone unsubscribes you must listen and take action.

Example 4

You're hosting a client event and you want to get as many people there as possible. In addition to your client contact list, you've got hundreds of personal emails from people you've only spoken to briefly as potential candidates during searches. You want to invite them too.

Is it okay to use their personal emails?

A. Yes

B. No

View Answer

No.

You should not use personal emails for client-side marketing unless the individual has opted to receive them. There is a limited exception for your own previous customers, often called the 'soft opt-in'.

The soft opt-in rule means you may be able to email or text your own customers, but it does not apply to prospective customers or new contacts.

Your responsibilities

Here's a quick summary of what you need to remember. Expand the headings below for a recap of the key points

Purpose

You can't use data that you collected for a specific purpose and then start using it for marketing. You need to be transparent that this is your intention and inform them of this.

Surprise

When you send direct marketing, an individual should have either agreed to it or at least be expecting to hear from you.

Opt-out

All marketing communications need to have the option to opt- out. When people do opt-out, this needs to be recorded and respected.

Back

Page updated

Google Sites

Report abuse