What rules should you follow for prospecting by email in Europe (B2B) ?
In many case people refer to GDPR to define the regulation around email rules in Europe . But the GDPR (General Data Protection Regulation) enacts general rules for the processing and use of Data, not for the use of emails.
GDPR shall not be confused with the Electronic Communications Act 2002/21/EC governing commercial prospecting and emailing.
However, each country sets its own rules that can be more or less restrictive: Single Opt-in, Double Opt-in, or Opt-out (definitions below) provided that the minimum level of privacy and data protection are enforced.
The map of European emailing rules
The attached map sheds light on the rules and trends to observe in each European country. These rules are changing rapidly, it is better to stay on top before carrying out local marketing campaigns and remember that strictest local laws always apply.
The legitimate Interest
Many companies refer to Article 47 of the GRDP. It mentions the legitimate interest in contacting a person to justify the use of his contact information (nominative email) for commercial purposes.
If this legitimate interest is obvious when contacting a client to perform a contract, one may wonder for a prospect.
The rules in France
In France, the CNIL (Data Protection Regulator) seems to be somehow flexible, as long as the opt-out is carefully implemented.
It defines that the object of the solicitation must be in relation with the job of the contacted person.
Generic business addresses such as firstname.lastname@example.org, email@example.com are the contact information of legal entities.
They are not subject to the principles of consent and the right of objection.
The CNIL’s rules can be found here.
The rules in other European countries
other European countries have adopted a less relaxed approach. They have required an active Opt-In . Some other countries require a double Opt-In.
In Belgium, the Royal Order of 4 April 2003 regulates the sending of electronic communications. It requires prior consent before the sending of a communication to a “firstname.lastname@example.org” address, thus an Opt-in.
The definitions Opt-in and Opt-out
- The Opt-out means that the recipient must have a simple way to refuse to receive your communication and opt-out of your databases at any time. That is the right of opposition.
- The Single Opt-in: recipient of the message has previously ticked a box giving his consent to the receipt of an email. Thick actively the checkbox, is a manifestation of free, specific, enlightened, and univocal will.
- The Double Opt-in strengthens the collection of consent by using a checkbox, and in a second step requires the recipient to click on a link embedded in an email to confirm his contact details and thus validate his consent.
The basic principles of consent and right of objection for professionals:
The person must, at the time of collecting his email address
- Be informed that his email address will be used for prospecting purposes,
- Be able to oppose this use in a simple and free given way.
The GDPR has provided exemplary sanctions for non-compliance with the rules, and in some data-sensitive countries.
In Germany, lawyers have made a specialty of tracking down offenders and go for proceedings. As part of an emailing, you have to respect formalities in writing the signature of emails. In short, you shall take some particularities into account for each country.
- 1st level of sanction: Article 83)4 of the GDPR: 10 million euros or 2% of the world’s annual turnover.
- 2nd level of sanction: Article 83)5 and 6) of the GDPR: 20 million euros or 4% of the world’s annual turnover
link to the texts of the GDPR: here
In the case of Germany, a quick procedure enforces a 4000 euros penalty in case of infringement.
Our advice for emailing campaigns
Direct Marketing, Inbound Marketing, and Prospecting will bring you additional customers and revenues in Europe. Always make sure to select the right advisors for your european marketing operations.
Ipanovia can help, advise and also direct you to reliable Data and List providers in France, Europe,
For more information: email@example.com