Hi everyone, I’d like to get some second opinions: We are a B2B company, can we send emails to to prospects, i.e. contacts of potential customers, without prior consent? Most of our prospects are European, but some are in the US also.
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For the various European countries, I have found this table infinitely useful. https://res.cloudinary.com/fieldfisher/image/upload/v1585817516/PDFs/EU_e-marketing_requirements_updated_March_2020_g6jh2u.pdf
This is a really useful link thanks.
Are you sending to your own prospects, or on others’ behalves?
When you say B2B, in a UK context this means your prospects are incorporated entities, which excludes:
– sole traders;
– ordinary partnerships in England; and
– private individuals.
It includes public sector bodies.
Under PECR these would be “corporate subscribers”, and consent requirements apply only to “individual subscribers”. Subscriber refers to the party in a contract for public telecoms service, i.e. email, which would usually be identified by the domain name. In that context, I always advise a generic provider domain like @gmail.com, @hotmail.com, etc., equals individual and should be excluded from non-consented marketing, even if it’s firstname.lastname@example.org – too much risk.
The resource in Dominga’s answer is fantastic and should be referred to. You will need to identify the countries in your database and take appropriate action wrt disclosures. In the US, refer to the CAN-SPAM Act.
If you are relying on LI then make sure you document the LI Assessment.
Make sure the LI is appropriate ie if you are selling an expensive service or product eg starting cost of £250k then don’t send to companies who have turnovers of £1m.
As always, any answer will start with ‘it depends’. Plus more information is required from you if you would like a granular answer.
The basics are as follows:
Yes, providing you aren’t a charity or a not-for-profit, and you have done your Art 14 compliance and your data has been collected appropriately.
No, for certain European countries which require single opt in.