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Posted by : Ross MacRae, CEO BikiniLists limited. 14th January 2018
I know that there is a lot of uncertainty about the new GDPR regulations becoming UK law in May,
and what this means for people using BikiniLists to promote to Agencies, Brands, Magazines and other users of creative content.
The good news is that nothing has changed as far as B2B email marketing is concerned, and I mean nothing.
Yes - Here are some facts :
1. All of the contacts on the BikiniLists database are "corporate subscribers"
2. BikiniLists subs will be sending B2B marketing emails that are relevant and of “legitimate interest” to these contacts who are commissioners/buyers/users of creative content.
3. The BikiniEmail email platform manages unsubscribers and suppresses them from subsequent marketing on our subscribers' behalf
4. The ICO is the government body charged with enforcing GDPR alongside the DPA and PECR (see below)
Here are some extracts from the ICO’s website that pertain to our industry.
Download the full guide here
1. The Data Protection Act 1998 (the DPA) is based around eight principles of good information handling. These give people specific rights in relation to their personal information and place certain obligations on those organisations that are responsible for processing it.
RM : "people" means Individuals not corporate subscribers. "personal information" means just that - not workplace information.
2. The Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) provide rules about sending marketing and advertising by electronic means, such as by telephone, fax, email, text and picture or video message, or by using an automated calling system. PECR also include other rules relating to cookies, telephone directories, traffic data, location data and security breaches.
RM : The GDPR buzzword right now is "Consent", a lot of people believe you can't send emails to ANYONE without prior consent. This is just wrong.
Let's jump to the extract that covers B2B email marketing from page 38 of the guide
Business-to-business texts and emails
142.These rules on consent, [B2C rules] the soft opt-in and the right to opt out do not apply to electronic marketing messages sent to 'corporate subscribers' which means companies and other corporate bodies eg limited liability partnerships, Scottish partnerships, and government bodies...
(RM : All contacts on the BikiniLists database are Corporate Subscribers)
The only requirement is that the sender must identify itself and provide contact details.
RM : Which we know our subscribers will be doing.
143. However, it serves little purpose to send unsolicited marketing messages to those who have gone to the trouble of saying they do not want to receive them.
RM : Provided you are using an email platform that controls your unsubcribers and that you do not send email marketing to any corporate subscribers that have or will have unsubscribed you will be following the ICO's guidance.
144. Corporate subscribers do not include sole traders and some partnerships who instead have the same protection as individual customers.
RM : There are not, never have been and never will be any Sole Traders in the BikiniLists Database. There are some LLPs (Limited liability partnerships) which are corporate bodies.
If an organisation does not know whether a business customer is a corporate body or not, it cannot be sure which rules apply. Therefore we strongly recommend that organisations respect requests from any business not to email them.
145. In addition, many employees have personal corporate email addresses (eg firstname.lastname@example.org), 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.
RM : This is no different to the existing best practice guidelines. This is what the ICO states in it's own GDPR guide... Download Here
Extracted : 15 September 2017
Data protection | Privacy and Electronic Communications
At-a-Glance guide to the marketing rules
Business-to-business [B2B] (companies and corporate bodies)
- Can email or text corporate bodies
- Good practice to offer opt out
- Individual employees of corporate bodies can opt out
RM : Important phrases : "B2B", "Corporate Bodies" and "OPT OUT".
So as long as you have a working unsubscribe link in your email template and you adhere to all unsubscribe instructions from people at corporate bodies, BikiniLists subscribers can use the bikinilsts platform to send B2B marketing emails, make telephone calls and send posted items to people who work at corporate bodies WITHOUT obtaining prior consent.
Which is exactly the reason you subscribe to us in the first place - Right?
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 just as you always have.
No matter what other people might tell you.
I have checked this with the ICO and this is the case – which is good news all round : )
Here's a link to our GDPR guide that explains all that – posted last September. http://www.bikinilists.com/gdpr_for_photographers_illustrators_reps_stock.asp
I am only addressing here how GDPR applies to e-marketing 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.
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.
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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.