There is still confusion (and nervousness) with many accountancy practices and what you can and cannot do when it comes to promoting your services. So, here is a reminder of B2B marketing rules and data protection.
The ICO’s view
I had previously reported in 2020 that the current Privacy and Electronic Communications Regulations (PECR) were likely to be replaced with the new EU e-privacy Regulation (ePR). However, following a webchat with the Information Commissioner’s Office (ICO) yesterday this may not be the case. Several years ago, it was muted that the new ePR would come out at the same time as the new GDPR rules, however, for whatever reason, this has not been the case.
The ICO currently states on their website, “The EU is in the process of replacing the current e-privacy law with a new e-privacy Regulation (ePR), to sit alongside the EU version of the GDPR. However, the ePR will not automatically form part of UK law – or sit alongside the UK GDPR – as the UK has left the EU. PECR continues to apply alongside the UK GDPR but we will continue to keep our guidance under review and update it where necessary”.
Guidance for marketing purposes
According to the ICO website, the PECR give specific rules on:
- “marketing calls, emails, texts and faxes;
- cookies (and similar technologies);
- keeping communications services secure; and
- customer privacy as regards traffic and location data, itemised billing, line identification, and directory listings”.
The latest version of the PECR came into effect on 29 March 2019. A link to the guide to PECR on the ICO’s website can be found here.
Momentum’s blog, B2B Marketing and the GDPR – A Refresher, gives an overview of the dos and don’ts of business to business marketing emails and telemarketing, which was based on a conversation I had with the ICO in 2020.
They state that under GDPR, business people, for example, Managing Directors, who have a business mailing or email address, such as vicki@momentumforprofessionals.co.uk, are regarded as being ‘Corporate Subscribers’ and not ‘Individuals’ and as such their business contact details are not viewed as being ‘personal data’. Therefore, you can send them targeted mailings, emails and contact them by phone, providing they have not registered with any of the following:
- the Mail Preference Service;
- the Telephone Preference Service; or
- the Corporate Telephone Preference Service.
Nor should you try to send them marketing communications if they have ‘opted out’ or asked you not to send such messages.
If you are looking to send a marketing mailshot through the post, the PECR does not apply. However, you must ensure that you are complying with the Data Protection Act 2018 and the UK GDPR. The ICO’s Guide to the UK GDPR can be found here.
B2B marketing rules and data protection are always a bit of a minefield. If you have any queries, I strongly recommend you contact the ICO direct as I have always found them to be very helpful.
