GDPR – What now?

Nearly a month has now passed since the General Data Protection Regulations (GDPR) came into effect on May 25th and ensuring compliance is crucial going forward to avoid any costly fines. There are still many discussions and blurry lines between what you can and cannot do when it comes to controlling and processing data. Like most of us, you probably received a string of emails leading up to May 25th asking for your consent to opt-in to further communications or to update your preferences, but you may have also noticed that some businesses did not send you an ‘opt-in’ email, but instead something along the lines of ‘We have updated our Privacy Policy’. Here are two possible explanations why they did not send you an email requesting your ‘opt-in’:


1. they have already got record that you have previously and actively given your consent


2. they are processing your data under the basis of legitimate interest.


What is a legitimate interest?

The legitimate interest is a clause under the GDPR which allows for the processing of data without gaining consent, providing there is a balance of interests from both the data processor and the individual. Examples of this include working in the same or similar industry where there may be a balanced interest in the services or products, the individual is an existing client or customer, or when the processing of data is absolutely necessary for legal obligation. Providing the data is not processed in a way that is unrelated to that relationship, you may continue to send communications based on legitimate interest unless the individual opts-out.

In light of GDPR, businesses should have an updated Privacy and Cookie Policy to explain how they collect, manage and use your data, which will also explain the emails you may have received notifying you of their updated policies. A business should explain in their Privacy Policy the legal basis of processing your data, whether that be legitimate interest, consent or both.

For B2B marketers and email marketing in particular, there are some particularly crucial boundaries regarding the email addresses you can and cannot send to under the basis of legitimate interest. You can continue to send to email addresses providing they are a Limited company, a Limited Liability Partnership, or a partnership in Scotland or a Government department, and you are sending an email to a business email address. However, if the person you are emailing is a sole trader or works in a partnership, even if you are sending the email to their work email address and there is legitimate interest, you will require an initial opt-in from them to do so.


Completing a Legitimate Interests Assessment

The processing of data based on legitimate interest is a credible alternative where gaining consent is not an option; however, we advise that data controllers undertake a Legitimate Interests Assessment (LIA). This process consists of a series of questions that help you to determine whether the processing of data under Legitimate Interests is viable and if it is, demonstrates that there is a balance of interests between the two parties. You should go through the LIA process each time you plan to newly process personal data under Legitimate Interests.

If you have any questions about regarding GDPR and how affects your marketing, contact us on 01962 600 147 or email

#MarketingTitbits – domains, data laws, Budget 2015

domains-data-budget-smaller1. Eight genuinely useful tools for domain name generation
When creating a website, the hardest part can often be thinking of and securing a name. One of the biggest problems today is that there are over 900 million registered website domains, but only 25% are actually in use. If you’re struggling to find a domain for your website, a list of the best name generator tools has been compiled by Econsultancy; here are just a few.

Name Mesh, Panabee and Domainr are sites that will allow you to search for a number of alternatives to your ideal domain name/s, which could include shortening or finding alternate TLDs (top level domains). Another problem is then replicating your chosen name across social networks, but with the help on NameChk, you can browse through 157 communities to find out which ones are available.

To see the other tools, you can click here.

2. What new data laws mean for marketers

The EU has been working on the General Data Protection Regulation (GDPR) for some time now. The net result of which, brands and businesses will be required to be completely transparent with consumers about what they can expect their data to be used for. The Guardian is one brand that has followed this, through their creation of a £5000 video titled ‘Why your data matters to us’.

With the GDPR due to be released in 2017, the legislation that will be introduced could include the ‘right to be forgotten’, which allows for any out-of-date or incomplete information to be removed from search engine results. The GDPR could also offer brands the option to process pseudonymous data, where personal identifiers are replaced to protect consumer rights.

For more on the GDPR, click here.

3. What the Budget means for your business

When the Budget was announced last week, George Osborne promised that the annual tax return would be scrapped, with digital accounts as replacements. But, what hasn’t been made clear is exactly how this will happen.

One potentially beneficial possibility is that by 2020, small businesses may be able to link their accounting software to government systems, which will share their financial information. As efficient as this might sound, businesses might not respond so positively to the initiative. 100% tax relief on the cost of new equipment is due to fall from £500,000 to £25,000, although George Osborne has suggested this will be reviewed.

These are just a few of the measures that might affect you and your business. You can find out more on what the Budget announcement means for your business by clicking here.

August’s Top Marketing Tips

  1. Think ‘Gorilla’! Basically do things differently. Whilst there is no substitute for the tried and tested traditional marketing methods, there is certainly room to support them in your marketing mix through less conventional methods. If you are feeling inspired to do things differently, make sure you use your imagination when thinking up attention grabbing campaigns. Most of the guerrilla marketing campaigns in our blog were very inexpensive. They just required a little bit of imagination and energy.
  2. Use online press releases. There are many site out there on the web, such as PR Log, that will let you upload your own press realises for free. These serve two purposes. One, it lets you communicate your news / story on the web and if it is interesting it might get picked up in other sources. Two, it can increase your web visibility and if you insert a link back to your website, it can drive traffic back to your website and potentially enhance your SEO credentials.
  3. More free data! Last month we directed you to a free source of 200 records of targets of your choice to expand your database. This month we’ve found another 100. The nice people at Market Scan are offering 100 free records of your choice to supplement your current database. Visit FREE DATA to register and claim your 100 free leads.