Blog Layout

GDPR and Legitimate Interests

May 15, 2018

This newsletter is intended to give you more information about sending business to business marketing emails, after GDPR comes into effect on 25 May 2018. It sets out the background to using Legitimate Interests as the legal basis for processing email data, and provides a briefing for what those emails must contain in order to be compliant with GDPR and PECR. Finally there is a checklist for you to complete to document that you have complied with the requirements of GDPR. It is specifically related to the use of email addresses for marketing purposes, rather than any other form of processing.


BACKGROUND

After the implementation of GDPR in May, 2018, it will still be possible to send B2B emails, providing they are relevant to the recipient, who could reasonably expect to receive the information. For example, golf greenkeepers could reasonably expect to receive an email from the manufacturer of grass cutting machinery, telling them about a new product.


However, in order to use the email data, the sender will need to identify one of six legal bases for processing the data. The most appropriate basis for direct marketing is likely to be Legitimate Interests – According to the Data Protection Network Guidance, “GDPR says ‘the processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest’. An organisation may wish to rely upon Legitimate Interests where consent is not viable or nor preferred and the Balance of Interests condition can be met. The GDPR states ‘may be regarded as…’ so organisations will still need to ensure they can establish necessity and balance their interests with the interests of those receiving the direct marketing communications”. For a link to the DPN’s Practical Guide for Businesses, please click here.


To rely on the Legitimate Interests clause, you need to conduct a Legitimate Interest Assessment. This procedure is outlined below, but we are happy to advise if you need help, and we can even carry out the process for you if you prefer.


The three key stages of the Legitimate Interest Assessment (LIA) are

  1. Identify a legitimate interest – for example, your business interests would benefit from sending a marketing message to carefully selected recipients, informing them of your products and services.
  2. Carry out a necessity test – Assess whether there is any other way of sending this information, other than by email. If there is another way (perhaps direct mail) but it would require disproportionate effort or expense, then processing the email data is necessary
  3. Carry out a balancing test – This involves the nature and impact of using the email data – it is important to establish that the recipient could reasonably expect to hear from you in relation to their job role, and that your interests in sending the email do not outweigh the interests or fundamental rights and freedoms of the recipient.


If you can demonstrate that you have carried out the assessment fairly, you will be able to rely on Legitimate Interests to send B2B marketing emails. As part of the process, it is important to keep a record of your decisions – the Checklist at the end of this newsletter will help to document the procedure.


EMAIL BRIEFING

To comply with the requirements of GDPR, B2B emails must comply with certain standards:

  1. It must be clear who the email is from
  2. The sender’s contact details must be clearly displayed
  3. The recipient must be informed that the legal basis for emailing them is Legitimate Interest
  4. The email must contain an unsubscribe link
  5. The recipient has the right to object to further emails, the right to correct their data, and the right to be forgotten. The email must contain sufficient information for these rights to be exercised, and the recipient’s wishes must be carried out


CHECKLIST FOR LEGITIMATE INTERESTS

Identify your Legitimate Interest

Can you demonstrate that your marketing email broadcast benefits your company’s interests?


Necessity Test

Is an email broadcast the most economical and efficient method of sending your marketing message?


Balancing Test

Could sending an email broadcast override the interests or fundamental rights and freedoms of the recipient?


Transparency

Does your email make it clear who it comes from, and contain adequate contact information?


Notification

Does your email inform the recipient that you are sending it under the Legitimate Interests clause?


Reasonable Expectations

Could the recipient reasonably expect to receive an email from your company in the conduct of their job role?


Relevance

Is your email marketing message relevant to the recipient?


Recipients’ Rights

Does your email clearly give the recipient the opportunity to object, to unsubscribe, to be forgotten or correct their data?


For a comprehensive checklist, see the latest ICO’s guidance


Although this process may seem complicated, it is important to complete and document it, in order to comply with the requirements of the GDPR when sending B2B email marketing. If you prefer, we can conduct the Legitimate Interest Assessment for you, and complete the Checklist, to ensure that your marketing emails are compliant after May 25th 2018.


If you need any further information, you can find further resources here

DMA

Data Protection Network

ICO and GDPR

ICO and Legitimate Interests

Leisure Lists


Leisure Lists' Blog

19 Mar, 2023
What is a prospect marketing list?
02 Feb, 2023
The facts explained for common email marketing myths
Benefits of Direct Marketing
By Liz Law 10 Jan, 2023
B2B Marketing Strategy
Independent School building and facade
08 Aug, 2022
Independent Schools in the UK generate over £11Bn to the economy. Read on to find out how you can ensure your brand is set up to target the key decision makers in this sector. 1. Review and Promote your brand The Education sector is highly competitive, so making sure your brand assets are up to date is key. Ensure your social profiles have recent content, your website material is up to date, and all your contact details work correctly. Once your review is complete you need to prepare to put yourself and brand out there through many different channels. Building trust over time is key, along with consistency of message to increase recognition across Head Teachers, School Administrators, Bursars, and other key decision makers. 2. Features and Benefits You know your product and service the best. But have you refined your pitch so that a prospect starting off cold understands why your offering is better than their existing supplier? Detailing out these in order will help when it comes to in person meetings, emails or marketing content across your website and social media channels. 3. Networking The Education sector is well connected. Have a look for local events, both trade and other where your key decision makers could be. Online content building through professional sites can also aid in raising both your own and your company's profile in the sector. 4. Share your testimonials Increase the trust and credibility of your brand by sharing your reviews from existing customers. Show these off across your online presence, your website and Google My Business are the 2 key areas to focus on. It will also remind your existing school customers to recommend you to their network whenever they are asked for an opinion. Word of mouth referral in education is a key channel, that you can influence using all of the above tips. 5. Source quality prospect data To maximise your success and marketing efficiency you can use marketing database lists curated by specialists providers like Leisure Lists. Our database of UK Independent Schools can be selected by the decision maker, facilities available and region.  It's worth noting that only 5 per cent of schools welcome direct sales calls*. As a supplier you can reach these decision makers through email and postal campaigns. To supplement online networking and email marketing have you considered other forms of direct marketing like printed catalogues, brochures, and letters? Want to learn more about marketing and selling to UK Independent Schools? Learn more here Source: www.incensu.co.uk
Leisure Industry News
02 Aug, 2022
A lot has happened across the leisure industry this month. From people moves, to new hotels, leisure centres, and a golf club sale. See below a round up of the highlights picked out by the team from July 2021.  KA Leisure appoints Malcolm McPhail as interim CEO A UK Government pilot scheme will reward people for exercising Giovanni Simoni was appointed MD for Technogym UK Elevate industry event moved to June 2022 A sixth Centre Parcs is planned in Southern England The brand-new Britannia Leisure Centre is now open in Hackney Places Leisure has opened its new £22m leisure centre in Camberley The Resident Edinburgh , operated by Resident Hotels, is due to open in 2024 15 Old Bailey in London is becoming a hotel again Rob Paterson who joined BWH Hotel Group in 2018, has decided to leave the brand which represents almost 300 independently owned hotels in Great Britain. The Bristol Golf Club has been sold for the second time in a year UK government and National Lottery allocate £10m in vouchers to fund attractions visits
A golfer in the sunlight
28 Jun, 2022
John Turner, Managing Director of John Turner Leisure Marketing Limited and Leisure Lists, is retiring at the end of June after operating for over forty years in the UK leisure market. Commenting on his decision John said "I would like to thank all of the many suppliers to the UK leisure market who have supported the Company and Leisure Lists over the years. I'm also thrilled to advise that my daughter, Liz Law, will be taking over the reins from the 1st July, 2021. Wishing you all the very best and continued success as our industry starts to reopen and recover. " From 1 July 2021 our address and contact details will change to: Brook House The Paddocks Cheveley CB8 9EU Tel: 01638 730796 Email: liz@leisurelists.co.uk We will continue with our mission to provide high quality leisure data for emailing, postal campaigns, research or telemarketing activities covering most leisure sectors including Hotels, Golf Clubs, Leisure Centres, Holiday Parks, Visitor Attractions, Health & Fitness Clubs, Independent Schools, Sporting Venues, Swimming Pools, Universities, Leisure Architects, Landscape Contractors and Architects and Local Authority Sport & Parks Departments.
Digital Email sketch design image
By Leisure Lists 07 Jun, 2022
Email marketing remains our most popular contact approach, offering clients cost effective access to over 100k key decision makers. Email is an essential part of any highly effective digital marketing strategy . Effective email marketing converts prospects into customers, and turns one-time buyers into repeat buyers. In fact, in a recent study by McKinsey, it was found that Email is almost 40 times more effective than Facebook and Twitter combined in helping your business acquire new customers. But what can you do to make your email campaigns work even harder 1. Segment for Success: Marketers that use segmentation experience up to a 760% increase in revenue. List segmentation allows you to send more relevant content . The more relevant our email communication is, the more likely your audience are to engage with it. Of course, no email audience is a one size, fits all, so splitting up your email list based on certain targets and characteristics can help you increase relevance. 2. Don't Overload on Copy: Keeps things simple and get to the point. Focus on a single view of your reader and think about what would appeal to them. Write headlines that speak to benefits they would want , include images that appeal specifically to them and write body copy that uses language they use. Keep it light and conversational and avoid a hard sell approach or technical industry jargon. Compliment your message with hand selected high resolution imagery to break up copy and make the overall email design more appealing.
Leisure Industry News November 2021 Title Design
09 Dec, 2021
See below the latest industry updates picked out by team: The Royal Ashton Hotel in Taunton has been sold to HOST RHM. Travelodge are set to open 4 hotels before Christmas Zetland Capital purchase two Macdonal Hotels in Manchester and Holyrood Best Western GB appoint Tim Rumney as permanent chief executive Calcot Collection sells Barnsley House to British furniture brand Timothy Oulton
Mail Privacy Protection screenshot
18 Nov, 2021
Apple have recently released iOS15 and their latest software is now being adopted across iPhones - and it introduced Mail Privacy Protection (MPP). MPP will also from this month begin to roll out on MAC OS. So what is Mail Privacy Protection? Apple states: “Mail Privacy Protection stops senders from using invisible pixels to collect information about the user. It prevents senders from knowing when they open an email and masks their IP address so it can’t be linked to other online activity or used to determine their location.” How do users activate MPP? Mail Privacy Protection is an opt-in feature in the Apple Mail app that is included by default with the release of Apple’s latest mobile operating system - iOS15 Given how MPP is presented to users we expect a high adoption rate. See the graphic below: What does MPP mean for email marketing? Well, fundamentally it means we'll have to establish new benchmarks for how to review success and KPIs for email marketing campaigns. Information such as Open Rates, user location, and specifics of which users have opened will all be distorted. Email marketing platforms will adjust, and it may be that we can retain some of these benchmarks by filtering Apple devices from reporting. Ultimately we think it will encourage businesses to focus more on engagement, and that is no bad thing. High quality content, with clear calls to action is imperative and data like click through volumes, and associated revenue will still be a key metric. Email marketing is by no means reduced with these updates - it's still a hugely powerful communication channel that businesses can use to build a relationship with their customer base. The reporting on the channel is just going to change a little.  If you've any questions, or would like help preparing an email marketing campaign please do get in touch with the team!
Leisure Industry News screenshot
04 Nov, 2021
The team have handpicked some of the highlights from across the industry this month: Mindbody buys ClassPass This acquisition comes at a pivotal time for the wellness industry as it continues to rebound from COVID-19 related closures – Josh McCarter, CEO Mindbody UK Budget 2021: Business rates cut by half for health clubs, leisure and hospitality UK Health clubs, gyms, hotels, and other leisure businesses will receive a 50 per cent cut in business rates £30m investment will fund the redevelopment of 4,500 UK tennis courts More than 1,500 venues are set to benefit to open up access to the Tennis across the UK LGA calls for investment in public leisure and health & fitness facilities to the tune of £875m The Local Government Association (LGA) has called on the UK government to invest £875m in leisure, health and fitness facilities Anthony Hamilton launches new fitness brand FloatRower The father of F1 racing driver Lewis Hamilton has launched a new rowing equipment brand that sets out to match the dynamics of rowing on water on a stationary machine. A new Ninja Warrior Park is set to open in December, in Kent Schroder UK Real Estate Fund (SREF) has announced the opening of a new site for it's Nina Warrior Parks in Kent at Chatham Waterside. Room2 opens net zero carbon hotel Room2 will open a fully net zero carbon hotel in Chiswick London, this December.  Goldman Sachs to buy The Belfry The world-famous golf course and hotel is expected to sell for around £140m
More Posts
Share by: