Ross
Head Honcho
Hi there... need any help?
Drop me an email and I'll get straight back to you.
Posted by : Ross MacRae, CEO BikiniLists limited - 12th April 2018
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.
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.
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 : )
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.
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.
Jump to: Creative Buyers Database | Terms of Use