Betreff: B2B Newsletters and GDPR

[DVelez0]

Hi, 

as per information online, GDPR allows cold reach outs when context is B2B and the information is professionally relevant for the person. 

In this case can someone confirm if it applies for the use of HubSpot email marketing for a Newsletter ? 

My company is based in France and the list we want to target includes people in US, FR and other European countries, is there anything else I should take into consideration ?

best,

Daniela 

[franksteiner79 · Accepted solution]

Hi @DVelez0 

This is not legal advise but I would argue that this is a wrong interpretation of GDPR, as GDPR requires explicit consent to communicate, and to store personal data. I recommend speaking to your legal counsel or a legal expert, but the general rule of thumb is "no consent, no communication".

Frank

[GiantFocal]

Email marketing and cold outreach are two different concepts.

I believe HubSpot's email marketing platform is not suitable for cold outreach. 

[karstenkoehler · Accepted solution]

Hi @DVelez0,

There is no straightforward answer to this one, unfortunately – you should always discuss this with your legal team / data privacy officer.

HubSpot requires the following as per it's acceptable use policy: https://legal.hubspot.com/acceptable-use

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You are prohibited from using the HubSpot Service to engage in email practices that are likely to have high levels of bounces, increased spam complaints, and the potential for blocklisting by anti-spam providers, including but not limited to the following:  
(i) emailing purchased, rented, or borrowed lists; 
(ii) email appending and/or sending non-permission based email where prohibited (for example, in violation of the consent requirements outlined in Canada’s Anti-Spam Legislation (CASL) and the European Union’s General Data Protection Regulation (GDPR), among others); 
(iii) engaging with email recipients or content lists that are likely to result in an excessive number of unsubscribe requests or Spam complaints or notices, as determined by acceptable industry practices.

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Additionally, you would have to make sure that there is a legal basis for processing the data of the contacts you're planning to email and a legal basis for communicating with them. Whether the content of your email and the assumed professional relevancy constitute such a legal basis is something that you'd have to discuss with your legal team / data privacy officer. It depends on the exact origin of the contacts, the content of your emails, your products and services etc. Interpretations on what is compliant and what is not can vary a lot and eventually, also considering GDPR fines, you want to cover your bases.

(My reply does not constitute legal advice.)

Best regards!

[franksteiner79 · Accepted solution]

Hi @DVelez0 

This is not legal advise but I would argue that this is a wrong interpretation of GDPR, as GDPR requires explicit consent to communicate, and to store personal data. I recommend speaking to your legal counsel or a legal expert, but the general rule of thumb is "no consent, no communication".

Frank