Are Your Cus
Here is an overview of the replacement of the ePrivacy Directive (to become a regulation) as published recently by the European Commission. There is no change with regard to the B2B sector.
- Employees of corporates, ie. limited companies, publically limited companies, limited liability partnerships and government departments, can be emailed without prior consent.
- Employees of corporates must be given the option to easily unsubscribe or opt-out from receiving email marketing.
- Sole traders and partnerships are treated as consumers and will require opt-in.
Will these rules apply to your existing customers and prospects?
If you obtain an email address for a sole trader or partnership whilst negotiating the sale of a product or service then you can use their email for unsolicited direct marketing purposes provided the following apply:
1. Your marketing is for similar products or services offered by your company
2. Your company told the recipient at the time of collecting their email address that it would be used for unsolicited email marketing and you provide a clear unsubscribe/opt-out at the same time
3. Your company provides a clear unsubscribe/opt-out option every time you send an email message if the recipient did not unsubscribe/opt-out at the point of data collection.
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GDRP (The General Data Protection Regulation) to be implemented in May 2018 in the UK has been the subject of much debate amongst marketers over the last couple of years.
The article below was written by Julie Knight MD at leading B2B Data Provider Marketscan in October of last year. Julie has been an expert in marketing data for over 25 years. The article gives answers to many of the key questions, to help give a better understanding of what businesses should be doing to prepare for the future.
What is the General Data Protection Regulation - GDPR?
- The GDPR is a new EU regulation to replace Directive 95/46/EC which will be directly applicable in every Member State. This means there is no need for the UK to implement any secondary legislation.
- The aim is to harmonize all data protection law across the EU and increase individual rights.
- The regulation will come into force on 25th May 2018.
- Brexit may have some impact on the implementation in the UK, however it is likely that the UK will need to be compliant with the regulation in order to continue trading with the EU.
Implications for B2B marketing
- Can you advise how consent for marketing to B2B vs B2C under GDPR?
The minor differences between B2B and B2C will remain after the GDPR comes into force. Sole traders and partnerships are treated as consumers. Employees of limited companies, LLPs and Government departments can be emailed without prior consent but can object to their work email address being used for marketing.
- Privacy and Electronic Communications Regulations (PECR) treats B2B marketing to Corporate accounts differently to B2C. B2B is opt out. Does this still apply in data collection and use for electronic marketing?
This will still apply when collecting email addresses of corporate employees for use in marketing.
- B2B has been opt-out therefore no consent - will post GDPR require consent to be gained?
No, the rules for corporate employees will continue to be opt-out from marketing. For sole traders and partnerships, it is opt-in as they are treated as consumers.
The right to be forgotten
- How will I stand if a person asks to be forgotten... and then I get their data from a third party when I no longer have their data to suppress against?
The legislation says that you do not have to 'forget' all aspects of a person's data if there is a legal reason for keeping it. Suppression from further marketing is a legal reason so you could keep just enough data to prevent that person from being contacted.
- If models / segments aren't updated daily are we falling foul of the regulation if customers have opted out since we built the model / segment?
The analysis could probably go ahead including customers who subsequently opted out, but the results of the analysis would not be able to be applied to that customer.
- How will the GDPR have an impact on how you market to your former customers by channel?
If you collected your customers consent then you can market to them in whatever way they agreed to. If you do not have evidence of B2C customers opting in to email or SMS you can still communicate with them using the traditional opt out channels, mail and telephone as long as you screen against TPS and provide an opt out mechanism with each subsequent communication.
Consent and legitimate interest
- Is legitimate interest broadly equivalent to calling those individuals not registered with the TPS?
Legitimate interest means that you would have to be able to demonstrate that it was in the legitimate interests of your business to call people not registered on TPS. For example, if they had been customers or if they were people you had selected because they were likely to be customers. Just not being on TPS would probably not be a sufficient reason.
- So is it going to be all opt-in?
No, if you can show that your business has a legitimate interest in contacting certain people then you can use the traditional opt out channels of mail and phone (with TPS).
- If not all opt-in now, isn't it just a matter of time and that it is inevitable?
Email and SMS to B2C customers have always been opt in. There are no plans at present to make mail or telephone opt in.
- How long does consent last? Would customers expect different lengths of consent depending on the product and how often they might purchase e.g shampoo v car?
There is no specific time limits in the legislation for consent. The ICO's guidance suggests that first use of third party should be no longer than six months. They also say that consent decays over time. Some products could justify longer periods between communication such as annual insurance or the purchase of a car, but I think it would be hard to argue that periods longer than two years would be appropriate either between communications or from initially gathering a person’s data.
- Question for consent session under GDPR, does legitimate interest only begin once a person becomes a customer? If a person declined your product, how can you market to them?
No, legitimate interest is not just for customers, if you can demonstrate you have a relationship that may well constitute legitimate interest.
- How much proof of consent is required? If all done over the phone are the answers recorded in a database enough or are the actual call recordings required?
The legislation says that it is a company’s responsibility to prove that consent was given. We may have to wait until the guidance from the ICO is published to see exactly what they will accept.
A guide to what to include in your data capture forms
Key information to include
- Why the data is being requested
- What the data will be used for
- Provision of an opt-in/out for marketing
- Marketing channels to be used
- How the data subject can opt-out of marketing
- If the data will be processed outside the EEA
- How long the data will be kept for
- How to make a subject access request
- How to make a complaint regarding use of data
We hope the above excellent summary is useful in helping you to prepare for GDPR and rest assured that all data provided by Data That Counts will meet every aspect of the legislation.
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OK, so first of all I'd like to enter the "stating the blindingly obvious" competition. Here is my entry:
Your telemarketing and telesales team's core selling time/hours should be maximised in order to generate the most amount of sales revenue.
Yes, of course you're all saying, that is stating the obvious. More calls will lead to more conversations, sales opportunities, sales appointments and ultimately more sales.
So why is it then that in so many businesses and sales offices up and down the country this isn't the case. Well, interestingly, the way in which contact data is being sourced has got a lot to do with it.
Here are my top 3 mistakes businesses make when sourcing marketing data and why they cost both time and money.
Not having a clear target market:
To give your sales people the very best chance to generate profitable opportunities, its so important that a lot of thought goes into answering this question: "Who specifically, are our ideal prospects?" As much detail as possible is needed here. Geographically, size of company by employees and/or turnover, market sectors, sub sectors, type of site, decision maker roles/job titles.
Without a razor sharp focus on who your prospects are, your sales team will be burning time speaking with people who are not a fit.
A good marketing data Company will be able to really drill down into your target market and help you to make sure that your time is being spent in the right areas.
Sourcing contacts from ad hoc places:
I'm all for a bit of research. However, sales people should be doing what they're good at. Prospecting and selling. Not going through the internet, trade directories, or any other ad hoc source for hours on end under the umbrella of "research" trying to find prospects to call. Apart from the fact that sourcing data that way contravenes just about every piece of marketing legislation going, the fact is that time spent doing anything other than speaking with potential customers is time that isn't being maximised. Time as we all know is........(inset your answer here!)
Now before anyone gets upset, I'm not saying that there isn't a place for key account research, or using other excellent tools like LinkedIn to find out more about the people you're talking to, as well as engaging in the finer points of what is now being referred to as "social selling". I'm talking specifically about situations where a sales team or business owner needs to have a decent sized pool of initial contacts to talk to in order to do the first part of the sales process which is to identify qualified opportunities. After all, prospecting is not selling, it's filtering, qualifying, sorting. To do that efficiently you need enough data, and it needs to be in a workable format-not written down on bits of paper, printed off word documents, or the back of a fag packet.
A good marketing data Company will provide your data in a format that will easily import into any sales CRM system. I don't have space in this post to talk about CRM, but suffice to say that if you haven't got one you should have one, and in the meantime at the very least have your prospecting data in Excel format.
By sourcing your data from a specialist data provider will also ensure that your data meets all the latest marketing legislation.
Quality Versus Price:
Having made the decision to source marketing data from specialist companies, some people are not out of the woods yet-and that's because they miss the point that there is a correlation between data price and data quality.
The point is that you can either have good quality, compliant, and responsive data or you can have cheap data-but you can't have them both.
There are some very good reasons why any decent marketing data Company can't and won't supply you ridiculous amounts of data for an equally ridiculous price. Not least because good quality data is sourced through a rigorous process to ensure that quality, and all of that needs to be paid for.
Yes you can buy a cheap list, but it will cost you a lot more in the long run.
So, just a few thoughts on some of the mistakes people make when sourcing marketing data. Hope that's been useful to you.
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To coincide with our 10 years in business anniversary this year, it seems fitting that this month we have moved into our new offices at Lodge Park in Colchester, Essex.
We'd like to thank every single client that we have worked with along the way, without customers no one has a business, and it has been our pleasure to serve you.
We are well and truly settled in now, and looking forward to helping all of our clients both current and lots of new ones too, by supplying them with the very best B2B marketing lists available in the UK.
That's what they call in the trade "A Big Claim" and why not? If you don't have confidence in what you're supplying, then you should be selling something else.
Talking about vision, what's yours for this year's marketing campaigns?
What new opportunities will you uncover?
Who do you want to mail, phone or e mail (or all three!).
Where are your prospects geographically?
What industry sectors are they in?
What size are they?
What job roles do your contacts need to be in?
If you contact us with the answers to the above questions, we'll be happy to carry out all the list research, and then report back to you with comprehensive stats on what data is available that meets your specific criteria.
You can then put your marketing message together and a make your own Big Claim :)
We wish you every success this year.