A B2B Marketer’s Guide to Marketing Consent
Due to the recent changes in international marketing laws, a lot of EMM’s customers have been asking us various questions about International B2B Marketing Consent Laws. In an attempt to answer as many of these questions as possible, we decided to interview our CEO and head of sales, Rick Holmes. Rick has been personally involved in all of EMM’s data acquisitions, has been in the data industry for 10+ years, and as a result of that, has a wealth of knowledge about this subject.
1. If the previous owner of my data had consent, then do I?
Rick: No, contrary to popular belief, in the majority of countries consent is not transferable. Just because the user you received the data from originally had consent does not mean that you do. For a thorough breakout by individual country, check out our downloadable guide here.
2. Would I be breaching any International Marketing Consent Laws if I ensure that I only contact people with job titles related to sales, marketing and/or business development?
Rick: Unfortunately, using job roles as implied consent is not defensible. At EMM, we use our permission based email scrub to provide us with implied consent. We provide two annual opportunities for our data users to opt out of our database and we feel this is a stronger defense. However, this will depend on your tolerance for risk and we do recommend speaking with a lawyer before deploying any International campaigns.
3. Do International B2B Marketing Consent Laws apply to 1 to 1 Account Based B2B Marketers?
Rick: Yes, one to one marketers still need to be informed about and adhere to the laws because controlling the quality of content and quantity of distribution is only a portion of the process. Our process includes the removal of seeds, moles, traps, third parties and more from our records.
4. Is there a “silver bullet” to guaranteeing consent?
Rick: I’m afraid there is not. We believe that to have a sincerely, ethically defensible, and safe international B2B prospecting process for consent we must provide our clients with more than one back stop.
5. Did most countries leave a loop hole for business communications in their electronic communications laws?
Rick: No, not all countries differentiate between B2B marketing and B2C marketing. That removes the existing implied consent + job role loopholes. For example, countries such as Germany, Canada and the Netherlands don’t differentiate and that technically means a breach in business communication is the same as a breach in consumer communication, which can carry heavy fines. Again, for a breakout by individual country, check out our downloadable guide here.