Head Honcho & GDPR Expert
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GDPR is the EU's new framework for data protection. It comes into law in the UK on 25th May 2018.
This page is intended to address specifically what the new GDPR legislation will mean for Photographers, Illustrators, Stock Agencies and Artists' Reps when email marketing to new and existing clients in EU Advertising Agencies, Design Companies, News Publications, Magazines, Publishing Houses, Direct Clients and other buyers of creative services... and guess what? It's Good News :)
Posted by : Ross, CEO Bikinilists, January 2018
The good news about GDPR for Bikinilists subscribers
The end of creative marketing is nigh! I know that there is a lot of uncertainty about the new GDPR regulations becoming UK law in May, and what this means for people using Bikinilists to promote to Agencies, Brands, Magazines and other users of creative content.The good news is that nothing has changed as far as B2B email marketing is concerned, and I mean nothing...Read more
Posted by : Catherine, Promos Guru, February 2018
How to create a GDPR friendly email campaign
Although the new legislation will not change much for the content of your email marketing campaign. It's good to cover all of your bases and ticks the four main points of GDPR as it applies to email marketing. We could all use a l'il peace of mind...Read more
Posted by : Ross, CEO Bikinilists, September 2017
What GDPR means for Photographers, Illustrators,Reps and Stock Agencies
I've spent the last year looking into how this will affect Bikinilists and our clients. I've consulted the ICO, I've spoken to my MEP, I've read countless GDPR articles and spoken to many customers and prospects.
There's a lot of fake news and mis-information out there....Read more
question_answer I have a list of contacts I have collected over the years from my visitor book at exhibitions etc. Do I have to contact each person individually and ask them if I can continue to send them information about shows, newsletters, workshops and Christmas cards?
Yes, you will need to obtain and record “consent” from each person unless the email address is at a “corporate body”. So if my email, was email@example.com – then even though it has my name in the address it is a corporate email and you can continue to market to new and existing contacts. If it was firstname.lastname@example.org you would need obtain and record consent...
If my email was email@example.com and i was a sole trader – you would also need to get consent as sole traders are seen as individuals under GDPR...All bikinilists contacts are “corporate subscribers” :)
question_answer Do you have a wording I could use which covers the consent to receive marketing for an individual, I do have a list of my own individuals I would like to market to and want to make sure that the wording of my 'asking for consent email' absolutely covers me with regard to the new legislation. Many thanks in advance.
You could use : Please confirm by replying to this email that you give your consent for me, Ross MacRae to communicate with you using your email address firstname.lastname@example.org regarding my photography services.
But I can’t state that it will ‘absolutely cover’ you as you must make that judgement – but it will be in keeping with the ICO guidelines. You must keep a record of the response and the wording of the request.
question_answer Are lists I download from Bikinilists OK to send to?
Yes - The Bikinilists Creative Buyers database is entirely B2B (Business to Business) with no B2C data stored whatsoever. So you can market your products and services to our lists on an OPT OUT basis and you are not required to obtain prior consent.
If you use your own list of personal contacts, you will need to obtain and record consent from each person before you market to them.
question_answer How does GDPR affect me as a creative supplier?
Essentially there is little difference between the existing guidelines and GDPR. Here is an extract from the ICO's own GDPR Direct Marketing Checklist.Extracted : 15 September 2017 Data protection | Privacy and Electronic CommunicationsAt-a-glance guide to the marketing rules
Business-to-business B2B (companies and corporate bodies) - Can email or text corporate bodies - Good practice to offer opt out - Individual employees of corporate bodies can opt out The important phrases here are : "B2B", "Corporate Bodies" and "OPT OUT".
question_answer If you are emailing a B2B business, email@example.com relates to a person and therefore is personal data as well, and you can’t email that person without consent. Correct?
No, you're wrong about that, here’s why...This is an extract that covers B2B email marketing from page 38 of the ICOs guide to GDPR
Business-to-business texts and emails 142.These rules on consent, [B2C rules] the soft opt-in and the right to opt out do not apply to electronic marketing messages sent to 'corporate subscribers' which means companies and other corporate bodies eg limited liability partnerships, Scottish partnerships, and government bodies...(RM : All contacts on the Bikinilists database are Corporate Subscribers) The only requirement is that the sender must identify itself and provide contact details.
question_answer Hi Bikini Team... I read on your site about GDPR and your neat G-D-P-R thing...When using Bikinilists data, as long as you: Give contact details - what does this mean? Should we be sending details to people outlining what we have or just keep it in case we get asked?
No it means you must make sure you include YOUR business details in the email – that’s all :) Example:MyPhotoBusiness Limited 1st Floor, Creative House, 3-6 Oldburg Street, London, W1 6AA 020 7000 0000So your recipients know that you are a legitimate company.
Do relevant work - ok so creative Industry contacts? Yes, and no sole traders – all the emails on Bikini are “corporate subscribers”
Promote B2B - some people leave an agency and give us their personal email address do we need to get written permission for this? If you already have an email from them giving you permission you can continue to send to them, if you don’t then you should contact them and obtain and record their consent (keep the email)Respect opt outs - Ok so this means we just don't email anyone who has unsubscribed - Right? Yes, correct.