Authorization to use a B2B and B2C e-mail address

To obtain authorization for the use of an e-mail address, you need to respect prior consent, sources, the duration of Data retention, the right to object, etc. These rules may differ in B2B and B2C. These rules may be different for B2B and B2C.

Use of e-mail address in B2B ⭐authorization to use e-mail address

Unlike other countries, such as Germany, which requires a double opt-in for B2B and B2C, in France, commercial prospecting, like the authorization to use an e-mail address, is fairly permissive in B2B.

Is prior consent required for B2B?

In B2B, you don 't need prior consent to use an e-mail address. In other words, you don't need a prospect's prior consent to send them an e-mail. So there's no Opt in, but there are a few rules to observe.

And yet, this belief is widely held, even within the DPO community. Not least because of erroneous articles on the subject, or articles which state that Opt in is "preferable". 

Do prospects need to be informed that they are a B2B prospect?

 One of the rules you have to respect in B2B when you want to use an e-mail address for prospecting is to inform your prospects. This means informing them about the use and processing of their personal data. You need to do this for every e-mail you send. Here's an example of how to inform prospects:

 "This email and all attachments are confidential and protected by professional secrecy. If you receive this message by mistake, please destroy it and notify the sender immediately. Any reproduction, disclosure or use, even partial, of its contents is strictly forbidden. We have obtained your contact details i) directly from you ii) via public informatione.g : trade fair and website) iii) via social networks (e.g : Linkedin) or iv) via tools authorized by the CNIL (National Commission for Information Technology and Civil Liberties) e.g : Drop contact), in accordance with the provisions of article L34-5 of the CPCE and the directives of the CNIL (National Commission for Information Technology and Civil Liberties). To stop receiving messages about our latest offers and promotions, send a "stop" e-mail to contact@dipeeo.com. You can also request access to your data and stop the processing of personal data for commercial prospecting purposes at the same address. " 

Do I have to inform prospects of the source
of the personal data I hold on them?

The second rule to follow in B2B when you want to use an e-mail address is to give prospects the sources. In other words, you need to explain how you obtained the prospect's e-mail address. This means making sure that personal data has been collected legally, such as via public information, social networks or tools authorized by the CNIL (National Commission for Information Technology and Civil Liberties). ✨

Do I have to set up a right to object?

The third rule of B2B prospecting is to allow your prospects to unsubscribe. This means you need to include an unsubscribe button in your e-mail. But this isn't the only way! For example, you can ask prospects to send "STOP" to a specific mailbox to stop receiving mail. In addition, you have one month in which to process an unsubscribe or opt-out request.

⚠ Be careful, you must not send any more e-mails to these prospects! To do this, it's advisable to delete any additional personal data such as telephone number or address, and to keep only personal data such as first name, surname and e-mail address to file in an "Opt out" folder. This not only keeps a record of the Opt-out, but also ensures that you don't send out e-mails to these prospects a second time.

Can I send an e-mail to anyone?

🏆 There's one important rule to keep in mind when you're prospecting. You need to make sure that the person you're sending an e-mail to has a connection with your business. For example, if you sell flour, you can only send a prospecting e-mail to professionals who need flour).

So you need to target your prospecting campaigns to avoid taking this risk.

How long does Data retention last for a B2B e-mail address?

In B2B, there are no Data retention limits. So you can use an e-mail address, except for those who have requested an opt-out.

Similarly, there are many different interpretations of the subject. We can read that the duration of Data retention is three years. However, as the use of B2B e-mail addresses is free and without prior consent, this period lapses and can be renewed. ⭐

Can you use a generic e-mail address?

Generic e-mails (such as info@societe.fr, contact@societe.fr or commande@societe.fr) are not personal data, since they contain no information about an individual.

The GDPR does not apply to generic emails. You can therefore use them to carry out prospecting.

📣 It is however recommended to respect unsubscription requests to preserve your reputation.

Can you use an e-mail address available on the B2B public area?

You have the right to use a public email address without prior consent/without Opt in in B2B. As mentioned above, emails must be obtained from public websites, social networks like LinkedIn, or GDPR tools that allow you to obtain an email address legally. ✨

Is it possible to buy or rent a B2B e-mail address?

✉ In B2B, it is permissible to buy or rent databases containing e-mail addresses from a third party for use. You must, however, comply with the rules set out above.

Use of B2C e-mail addresses ✨

In B2C, the use of an e-mail address is more restrictive. It is therefore more difficult to send e-mails to private individuals.

Is prior consent required for B2C?

Prior consent is required for the collection and use of B2C e-mail addresses. You must obtain prior consent from a prospect to send him or her a commercial prospecting e-mail. It's a good idea to set up a checkbox, for example, on a website that reads: "I accept that my information may be used for commercial prospecting".

📣 According to the CNIL (National Commission for Information Technology and Civil Liberties), this consent must be free, specific, informed and unambiguous.

However, there are exceptions! You may use someone's e-mail address if they are already a customer of your company, or if you offer similar products or services from your company.

The second exception when using an e-mail address is the nature of the e-mail. If the nature of the e-mail is not commercial, you can use it. For example, a charitable e-mail.

Do prospects need to be informed that they are B2C prospects?

As in B2B, you need to inform your prospects that you use and process their personal data. You must do so for every e-mail you send.

Do I have to inform prospects of the source of the personal data I hold on them?

It is essential to inform prospects of the source from which their personal data is collected, as this is mandatory.

✅ A "B2C" client or prospect database containing e-mail addresses can be built up in a variety of ways: database rentals, prospecting, sales to clients, webinars, loyalty programs, advertising, and so on.

How long does Data retention last for B2C e-mail addresses?

⏰ The Data retention period for B2C personal data is 3years from the last contact. After this period, you no longer have authorization to use the prospect's e-mail address. Each time you contact someone by e-mail, this period resets to zero and you can contact them again for 3 years.

For people whose Data retention period is about to expire, you can send an e-mail to the prospects concerned to ask them whether they agree to their data still being used and processed. If so, you can use their e-mail addresses.

Do I have to set up a right to object?

👉 The rules are the same as in B2B! 👈

Can you use an e-mail address available on the B2C public area?

⚠ Unlike B2B, you're not allowed to collect e-mail addresses from public websites, social networks or authorized tools. You must have a prospect's consent to use their e-mail address to send them a commercial prospecting e-mail.

Is it possible to buy or rent a B2C e-mail address?

In B2C, you can buy or rent e-mail addresses, but there's one condition to be met! Prospects must give their prior consent for their personal data to be used and processed for commercial prospecting purposes. ✉

This is why you need to make sure that your vendor or database rental company can prove that prospects have given their consent.