Commercial prospecting and RGPD: The most talked-about topic on respect for personal data.
Beliefs are manifold, everyone has an opinion. Each rule is considered independently of the others, leading to reasoning and decisions that are often erroneous. Sometimes even harmful to the actor making the decision:
it avoids the use of useful data for commercial prospecting ;
carries out a useless development;
becomes illegal.
A study carried out by Openprise shows that only 42% of marketers and salespeople are aware of the RGPD rules and their applications to commercial prospecting, marketing and sales.
If you’re talking RGPD with a prospect, don’t say THE RGPD but THE RGPD because it’s ONE European regulation, not a regulation or a law.
Furthermore, don’t take Google’s word for it as it also gets it wrong by offering the following answer: “What is the RGPD law” or “what is the purpose of the RGPD”.
RGPD stands for “General Data Protection Regulation”.
Commercial prospecting rules do not originate from the RGPD.
They have existed in France since the 2002 European directive. The principle of “opt in” and “opt out” was established on that occasion and then incorporated into French law via Article L34-5 of the CPCE
“opt in”: principle whereby an individual must give his or her prior, explicit consent before being the target of direct commercial prospecting.
“opt out”: explicit information provided to the user of an e-mail address, at the time of collection of personal data, by a means immediately available to him, on the fact that he is likely to receive e-mails and that he can object to this.
The opt in does not apply to all categories of commercial prospecting.
It is necessary to distinguish between B2B and B2C commercial prospecting, but also the mode of commercial prospecting used (e.g. SMS, email, telephone, and postal channels).
Opting in, i.e. the obligation to obtain prior consent, is only really necessary with SMS and emails.
B2C canvassing by telephone is restricted by Bloctel, and canvassing by post is unrestricted.
The checkbox is not always necessary for opt in. In B2C, opt in is mandatory except :
So there’s no limit to contacting prospects who have signed up for a newsletter.
But it’s important to always respect the opt-out.
If a customer has already filled a shopping cart and registered with the service, you can contact them again.
Newsletter checkbox not required
A newsletter only requires prior consent.
Use the “sign up” button as a positive act by indicating underneath that by pressing, they consent to receive the newsletter. You remove an action from your prospect.
In B2B, there is no opt-in if you are addressing people who have an interest in receiving your offer (e.g. you can’t sell fridges to a doctor).
In all cases, however, you’ll need to comply with the Opt Out.
If you respect these conditions, you can collect all the relevant information you want on potential customers via Linkedin, the Internet, etc. and create your databases without limits.
Just pay attention to the comments in the CRM.
You can keep customer data for more than 3 years under certain conditions.
The legal retention period for commercial prospecting = 3 years from the last contact!
You do not need to ask for prior consent to store statistical data via cookies.
Opt in applies to cookies used for tracking and targeted advertising.
Statistics tools are anonymous and do not fall under the RGPD regime!
Don’t detail the nature of all your cookies in your Cookies Policy.
Otherwise, the document will be difficult to update and complex for the reader to understand. Keep your communication simple but effective.
The RGPD only requires you to know the “categories of data” collected and the “categories of recipient” of the data.
You only need to inform that you’re using cookies, the usefulness of which may be operation, traceability, statistics.
Do not think that the cookie banner and cookie policy are sufficient to comply with the RGPD.
40% of users read privacy policies which aim to inform them On the data collected, the purposes of this collection, how long the data is kept, etc.
Having a good, clear and transparent policy improves your image!
Give yourself the image of an RGPD champion!
Have trusted labels to develop your business.
69% of French people no longer trust digital players.
01 59 06 81 85
contact@dipeeo.com
4 boulevard de Montmartre –
75009 Paris
Pour vous contacter, nous devons traiter vos données.
Pour plus d’infos, consultez notre Politique de confidentialité.
