Opt-in GDPR compliance for contact with business partners

[TWeeks]

Hello,

We have business partners to whom we need to send important information. This information helps with the good running of machines we sell. We need to send it several times a year. We would otherwise send by outlook but would like to use Hubspot for more corporate look. Is it GDPR compliant to opt in those partners ourselves into a specific subscription type?

I heard from colleagues that we can send partners specific personal emails rather than recurring (like a newsletter) andnot from a generic email from a specific person. But if we would like them to be part of an important information newsletter - destined to such close partners, what is a correct GDPR way to do it? 

Would it be more GDPR compliant to send them a personalized Opt-in email to invite them to such a specific newsletter ? If so how can you personnalize opt-in emails to make it very specific? I can only see one email - that can be modified but stays the same for all. Is it possible to take the opt in link from somewhere and invite our relevant partners to be part of a subscription. Is there a difference?

[karstenkoehler · Accepted solution]

Hi @TWeeks,

This is something you should discuss with your legal team, your data privacy officer, or an external legal consultant. (I wouldn't go into a public forum for legal advice.)

Generally, if this information can be considered transactional or a part of an execution of a contract, yes, typically you can document an opt-in for a HubSpot subscription type with that exact explanation.

Whether your communication qualifies as such (transactional, execution of a contract) is however something that depends on the content of those emails and the relationship with the partners. This is where a legal professional comes in.

The fact alone that the information is important and helpful does unfortunately not necessarily constitute a transactional email type or an execution of a contract. Many marketers would consider their content important and helpful.

Hope this helps!