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B2B e-marketing in Germany under GDPR

BikiniLists subscribers can keep promoting to German Agencies, Brands & Magazines...

Posted by : Ross MacRae, CEO BikiniLists limited - 12th April 2018

Let's look at the GDPR legislation as it applies to B2B marketing...

GDPR section 173, states that it is PECR that applies for direct marketing not GDPR.

For B2B electronic marketing there is no change to law in Germany. It is PECR that is the relevant EU law, the situation before GDPR come into force in Germany and all other EU countries will be the same after the 24th May 2018 as it was before.

Wait, that's not what I've been told. Are you sure?

Yes - Here are some facts :
1. German PECR legislation is enacted in the German Act Against Unfair Competition, last amended in 2016. Here is a translation. The relevant section is Section 7, an [edited] version of which reads as follows...

Section 7 - Unacceptable nuisance
Paragraph (1)
A commercial practice which constitutes an unacceptable nuisance to a market participant shall be illegal. This shall apply to advertising particularly in cases where it is apparent that the solicited market participant does not want this advertising.

Paragraph (2)
An unacceptable nuisance shall always be assumed in the case of
1. advertising using a medium of commercial communication not listed under numbers 2 and 3 below...
(this covers social media and other digital stuff not yet invented)
2. advertising by means of a telephone call... [edited]
3. advertising using an automated calling machine, a fax machine or electronic mail without the addressee’s prior express consent;

OR

4. advertising using a communication
a) where the identity of the sender... is not given.
b) which violates section 6 (1) of the Telemedia Act... [email marketing does not]
c) where there is no valid [unsubscribe] address...

Therefore if we transpose Paragraph (2) then...

An unacceptable nuisance shall NOT be assumed in cases where:
3. ...advertising using electronic mail WITH the addressee’s prior express consent;

OR (in cases where the addressee's prior express consent has not been given)

4. advertising using a communication
a) where the identity of the sender... IS given.
b) which does NOT violate section 6 (1) of the Telemedia Act... [email marketing does not]
c) where there IS a valid [unsubscribe] address...

Phew - That's why we're in the creative industry and not in the legal profession : )

So as things stand nothing has changed with regard to email marketing in Germany under GDPR.

So what does all that mean for me then?

As long as you follow the guidance above, you CAN send your commercial photography, illustration and video promos to art buyers, art directors, producers, designers and other creative buyers in Germany just as you always have.

Which is good news all round : )

GDPR, PECR and consent under these regulations

At BikiniLists we're GDPR ready, we've researched the new GDPR legislation and it's companion PECR (The still pending legislation that actually applies to email marketing in the UK and other EU countries). We've spoken to the ICO about when you need consent to promote your work, and when you don't. We take data protection very seriously and have made sure that we are ready for the general data protection regulation and the other regulations that apply to responsible B2B (business to business) e-marketing.

We've done the hard work so you dont have to. You Can view more articles, posts and information on our GDPR page here

I am only addressing here how GDPR applies to e-marketing in Germany and not data storage – you will have to make sure your own data storage is in line with GDPR. Download the ICO checklist here.

Now let's get you some new clients.

Ross MacRae
Managing Director
BikiniLists - We're GDPR Ready!

If you have questions regarding this article or any concerns regarding GDPR and how it might affect you, get in touch using our contact form here, or give one of our friendly team members a call on +44 (0)141 636 3901.



NOTE : The GDPR will affect much more than e-marketing, and I recommend that after reading this article you check out the UK ICO website to find out what you need to do for your own business's data storage and processing as I'm not covering any of that here.


Article Keywords : General Data Protection Regulation, GDPR, Photographers, Illustrators, Photo Agents, Stock Libraries, EU Legislation, email marketing, privacy, data protection, Bikini, Lists, promotion, data, eu law, production companies, for illustators, for reps, for stock agencies, for photographers

DSCLAIMER : The views expressed in this article do not necessarily represent the views of Bikini Lists Limited and Bikini Lists Limited accepts no liability for the content of this article, or for the consequences of any actions taken on the basis of the information provided.

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