Marketing and Personal Data Regulations
LeadScouts lead finder and email verification services are designed following best practices to comply with most Data Regulations around the world. Specific considerations have been given to ensure compliance with EU & UK GDPR, CAN-SPAM and CASL that affect our main markets.
While we make every effort to ensure compliancy with these regulations this on its own is not enough to gurantee your organization is compliant with these regulations.
UK & EU GDPR
EU GDPR is the General Data Protection Regulation, a comprehensive data protection law enacted by the European Union in May 2018 that covers the EU and the European Economic Area. UK GDPR is a variant that applies to the UK after it left the European Union but has most of the same provisions and exceptions.
GDPR is designed to protect personal data and the privacy of individuals in the EU & UK. The regulations must be followed by all organisations processing the personal data of individuals residing in the EU & UK even for organizations that are outside of the EU & UK.
The regulations introduce various rights for individuals, including the right to access their personal data, the right to rectify inaccurate information, the right to erasure (or “right to be forgotten”), the right to data portability, and the right to restrict or object to certain types of data processing.
These requirements put a serious risk on any business that uses third party data as they may not know how that data was collected and if it follows these regulations. These restrictions are mostly focused on consumers as the regluation recognises that an individual acting in their business capacity is likely to have different expectations of privacy. Third party data from a database could be out of date, gathered without their consent, or used for a purpose other than that which the data was gathered.
It is much more straight forward to comply with GDPR if you are dealing with personal data in an individual’s business capacity rather than their personal or private capacity. Our lead finding service doesn’t use any third party data or consumer data. We only find contacts that are promoting themselves online for business purposes. Our results are always fresh and provide the highest accuracy as they come directly from the organization. We offer both individuals and organisations the option to be forgotten and to opt out of any future processing. We keep a log of when and where every contact detail was found so we can provide full transparency of our sources.
For more information on the limitations and requirments for B2B marketing under GDPR see the UK regulator body ICO
CAN SPAM
CAN-SPAM is the US law for all electronic messages including email, sms and social messages. Unlike GDPR the regulation does not make a distinction between individuals or businsess but defines a marketing communication based on its contents. It applies to Initiators (that deliver messages) and Senders (who write the message) as such the regulation does not apply to our service but rather how you use our service.
Working with third parties to provide contact lists is a lot easier than GDPR as the main requirement is the ability for contacts to opt out of future marketing messages.
For more information to comply with this marketing communication see below
https://uk.practicallaw.thomsonreuters.com/w-013-5534
CASL
CASL is the Canadian Anti-Spam Legislation enacted by the canadian government to regulate commercial electronic messages (CEMs) this includes email, text messages and social media messages. CASL puts requirments on the content of CEM, identification of contacts and senders and the consent of the contact.
In general CASL is very strict requireing contacts explicitly opt in to marketing emails, however there is an exception for implied consent for businesses that are actively and publicly promoting themselves to be contacted for business purposes. We give contacts the ability to opt out of processing and when getting public information we search for a no marketing or unsolicited CEMs message as per regulation. The exception puts further requirements on sending and the content of the email so be sure to read the full regulation to make sure you are in compliance.
