GDPR Compliance Checklist for Sales Teams with DataCaptive

It’s always crucial for sales teams to remain General Data Protection Regulation (GDPR) compliant. This document outlines key considerations to ensure your B2B sales practices align with GDPR and other EU privacy regulations.

Disclaimer: The content provided serves informational purposes and should not be construed as legal advice.

Understanding GDPR and Sales Practices

While GDPR has been in effect for almost two years, clarity is still needed among sales teams regarding permissible practices in Europe. At DataCaptive, we receive inquiries from customers regarding email outreach and cold calling practices in the EU and UK. Here, we focus on essential considerations for GDPR compliance in B2B sales, accompanied by a comprehensive checklist.

GDPR and Contact Information Collection

Sales teams, when obtaining contact information, become “controllers” of “personal data” under GDPR. As controllers, organizations must comply with GDPR’s obligations, ensuring lawful processing of personal data.

Lawful Basis for Processing Personal Data

Article 6 of GDPR mandates organizations to establish a lawful basis for processing personal data. Common lawful bases include:

Consent
Contractual necessity
Legal obligation
Vital interests
Public task
Legitimate interest

Tips:

Legitimate interest is often the applicable lawful basis for sales prospecting. Ensure:

Identification of a legitimate interest.
Demonstrated necessity for processing.
Balancing against individuals’ rights and freedoms.

Compliance with Article 14 of GDPR

Article 14 grants individuals the right to be informed about the collection and use of their personal data. Sales teams must adhere to notification obligations within one month of obtaining data.

Tips:

Maintain a clear and transparent Privacy Policy.
Notify leads about data processing promptly, potentially during initial outreach.
Ensure compliance with privacy information disclosure requirements.

Email Marketing in the UK (PECR)

PECR mandates rules for emailing professionals, ensuring targeted and compliant outreach practices.

Tips:

Maintain a ‘do not email’ list for objections or opt-outs.
Tailor email content for relevance.
Include opt-out mechanisms and Privacy Policy references.

International Compliance

When reaching professionals in other EU countries, verify legal requirements for direct marketing in each jurisdiction.

Checklist for Sales Teams

Ensure GDPR compliant policies and procedures are in place.
Confirm lawful basis for data processing, demonstrating legitimate interest.
Establish a process for timely notification of data processing to individuals.
Maintain compliance with PECR regulations for cold calling and email marketing in the UK.
Verify legal requirements for direct marketing in other EU countries.

For any queries or assistance on GDPR compliance, feel free to contact us at [email protected]

Let me know if there are any adjustments or additional details you’d like to include!