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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