B2B commercial prospecting and RGPD: what you need to know
In the dynamic world of business, B2B (Business-to-Business) commercial prospecting plays an essential role for companies looking to build strong relationships with other businesses. However, with the entry into force of the General Data Protection Regulation (GDPR), commercial prospecting practices have undergone significant changes.
July 3, 2023
14
min reading
It's vital for B2B sales professionals to understand the intricacies of the RGPD and its impact on their sales prospecting activities, in order to maintain a legal, ethical and sustainable approach.
In this article, we'll explore the essentials B2B commercial prospecting professionals need to know about the RGPD. We will discuss in detail the fundamental principles of the RGPD indicated by the CNIL such as explicit consent and data minimization, as well as the adapted ways to make one's commercial prospecting a fully RGPD-compliant activity. From database management to securing sensitive information, we'll explore best practices for combining regulatory compliance and commercial success.
Please note, however, that this article is for information purposes only and does not represent a legal opinion. It is not a substitute for the advice of a lawyer specialized in these matters, who will be able to advise on the specific practices of any market player wishing to implement a commercial strategy that fully complies with the law.
What is commercial canvassing?
Commercial canvassing, also known as commercial prospecting, is a technique used by companies to make contact with potential new customers and promote their products or services. It's a proactive approach in which salespeople or sales representatives initiate contact with prospects without their having expressed any prior interest.
The main aim of sales prospecting is to establish initial contact with potential customers, in order to present the advantages and features of the products or services offered by the company. This can be done through cold calls, cold emails, face-to-face visits or other forms of direct communication (social networks, Linkedin, etc.).
It's important to note that commercial canvassing can elicit mixed reactions from prospects. Some may be open to the approach and see a business opportunity, while others may be reticent or suspicious of this commercial approach, which can be perceived as an intrusion. That's why it's crucial for B2B sales professionals to adopt a respectful, empathetic and personalized approach to win prospects' trust and interest.
Commercial canvassing can be an effective tool for developing new markets, expanding your customer base and stimulating business growth. However, it's important to comply with current laws and regulations, particularly with regard to the protection of prospects' personal data. The General Data Protection Regulation (GDPR) in Europe, through the CNIL, has established strict rules to frame commercial canvassing and guarantee confidentiality and respect for individual privacy.
RGPD definition:
The RGPD, adopted by the European Union in 2016 and applied since May 2018, was designed to strengthen the privacy and protection of individuals' personal data. Although the RGPD is primarily aimed at commercial transactions involving European citizens, it also has a significant impact on non-European companies wishing to do business with European entities. RGPD compliance is now a sine qua non for establishing lasting partnerships and maintaining trust in B2B relationships.
In concrete terms, this regulation means that all canvassing practices must respect certain limits, whether in terms of processing the personal and professional data of the persons canvassed, or in terms of the possibilities offered to these same persons to withdraw their data in a clear and simple manner. In B2B (as in B2C), the collection of information to set up a database implies that the legal entities for whom the information is collected must be informed of the collection of this same information.
In concrete terms, here are the prerequisites for RGPD commercial prospecting:
E-mail and post:
Commercial canvassing of professionals by e-mail and/or post may be based on the organization's legitimate interests.
When collecting e-mail addresses, it is essential toinform the prospect of the intention to use this data for electronic canvassing purposes, while offering him/her the possibility of objecting simply and free of charge. If the data is already in the company's possession or has been obtained from third parties, it is essential to ensure that the person concerned has been informed of the processing and has the right to object.
The contact should be related to the profession of the person being contacted. For example, a message highlighting the advantages of a software product could be sent to paul.toto[@]nomdelasociété, IT Director. What's more, it's imperative that each prospecting email clearly specifies the identity of the person sending it.
Telemarketing
Telemarketing, on the other hand, can only be carried out if, when telephone numbers are collected, people are informed that their data will be used for canvassing purposes, and are given the opportunity to withdraw this information at any time, simply and free of charge.
As a general rule, it's best not to use cell phone numbers, unless the prospect has provided them voluntarily, for example via a contact form. Telemarketing on cell phones can be considered particularly intrusive, so prior consent is all the more essential.
In all cases, each solicitation must enable the person concerned to know the identity of the organization that initiated the contact and, if he or she so wishes and in a simple manner, to expresshis or her refusal to receive further solicitations.
Compliance with these rules is all the more essential as telephone canvassing is one of the commercial canvassing practices that is most perceived as intrusive, and therefore potentially generates the most negative reactions.
SMS and MMS
Finally, the same applies to the sending of SMS messages, whether automated or not. When collecting their cell phone number, individuals must be informed that their number will be used for electronic canvassing purposes, and be able to object to this use simply and free of charge.
Where data is already in the company's possession or has been acquired from third parties, it must be ensured that the data subject has been informed of the processing and is able to object to it.
What commercial practices should be avoided?
When it comes to conducting B2B commercial prospecting in compliance with the RGPD, it's essential to avoid certain practices that could compromise the protection of personal data. In B2B, while prior consent is not mandatory, it is nevertheless essential to establish a respectful communication approach by ensuring that the targeted companies are indeed closely and remotely concerned by the commercial information you are seeking to communicate to them. In addition, it's important to be careful not to resort to sending unsolicited cold emails en masse. Communications must be targeted and relevant, and should only be sent to recipients concerned by the offers or who have given their specific consent.
What's more, transparency plays a key role in RGPD-compliant B2B business prospecting. It is vital to clearly inform targeted businesses about the purpose of collecting their data and how it will be used. Organizations must provide precise information on individuals' rights, such as the right to access, rectify or delete their data.
As a general rule, the massive collection of personal data, such as the excessive sending of commercial messages by telephone, SMS or e-mail, should be avoided. In addition to reflecting a poor brand image to your interlocutors, such excessive practices are much more likely to prejudice your position with the CNIL (French Data Protection Authority).
If you're unsure of your practices, calling in an expert can be of great value in avoiding unnecessary and costly litigation. Taking on the support of an outsourced DPO (Data Protection Officer) can be of great value, especially when you're just starting out and/or the RGPD is still difficult for you to grasp in the context of your business. Players like Dipeeo support companies in auditing and bringing their activities into compliance.
Until you have this assurance of RGPD compliance, it's best to proscribe overly aggressive/expansive practices, exposing you all the more to potential legal attacks if your practices turn out to be RGPD non-compliant.
How to prospect with the RGPD?
Once you've taken a look at all these rules, which, while not numerous, can prove to be restrictive for your business development, it's normal to feel a little discouraged.
While many market players offer to sell personal databases and do so without complying with all the aforementioned steps, it can be tempting to flout all these rules and indulge in practices that don't comply with the RGPD.
While for cost reasons these practices may be attractive, we strongly advise against them. On the contrary, here are some good prospecting practices to adopt to remain RGPD compliant:
Opt Out for all your emails, letters and SMS.
Opt-out, in the context of sending commercial e-mails and SMS, refers to the possibility for recipients of these communications to unsubscribe or no longer receive these messages in the future. In other words, it's the right of individuals to choose not to be included in commercial communications mailing lists.
Opt-out is an important privacy and RGPD compliance measure, as it allows recipients to control the information they receive and decide whether they wish to continue receiving promotional communications.
When a company sends out commercial e-mails or SMS, it is obliged to provide an easy and clear way for recipients to exercise their opt-out rights. This can be achieved by including an unsubscribe link in e-mails and SMS messages, or by providing a telephone number or keyword to unsubscribe from commercial SMS messages.
By respecting the right to opt-out, you demonstrate your commitment to respecting recipients' privacy and complying with the RGPD's requirements for commercial communication.
Regular renewal of your databases
The regular renewal of databases in B2B commercial prospecting under the RGPD refers to the practice of regularly updating and verifying the data contained in commercial databases.
It is important to note that the retention period for prospecting purposes is limited to 3 years after the last contact. Here, the last contact refers to a "positive" interaction between the company and the prospect.
This approach aims to ensure that the information collected is accurate, up-to-date and relevant, while complying with the RGPD's data minimization principles.
By regularly renewing databases, companies can ensure that they have reliable information on their prospects and customers. This involves deleting obsolete data, updating contact details and verifying the accuracy of the information collected.
The regular renewal of databases also enables us to respect the rights of individuals by deleting the data of people who have exercised their right to unsubscribe or delete their information.
By carrying out this practice, companies can improve the effectiveness of their prospecting campaigns, while complying with the RGPD's personal data management requirements. As a result, you adopt ethical and law-compliant personal data processing while maximizing the performance of your prospecting campaigns.
Clear, transparent communication
Having clear and transparent communication in B2B sales prospecting to comply with the RGPD means adopting an honest and open approach to collecting and using the personal data of targeted companies. This means transparently informing companies about the purpose of collecting their data and how it will be used.
Clear and transparent communication means providing concise and understandable information about companies' rights under the GDPR. This includes the right to access their data, rectify it if necessary, delete it or limit its processing. Companies must also explain how businesses can exercise these rights and who they can contact to obtain more information or assert their rights.
By practicing clear and transparent communication, companies demonstrate their commitment to respecting the privacy of targeted businesses and complying with the data protection requirements of the RGPD.
Keeping abreast of technological and legal developments
Even more than in many other sectors, it's essential to keep abreast of technological advances in B2B sales. This is all the more true when it comes to conducting commercial prospecting in compliance with the CNIL's data protection standards. Indeed, legislation and technology are closely linked in the field of data protection.
Firstly, technological advances are having a significant impact on data collection, storage and processing. By studying these advances, companies can identify the technological tools and solutions that enable them to implement RGPD-compliant practices. For example, encryption, consent management and data pseudonymization systems can be put in place to guarantee the security and confidentiality of the personal data collected.
What's more, by studying technological advances in relation to the law, companies can keep abreast of legal developments and data protection obligations. The RGPD is a dynamic piece of legislation, evolving in line with technological advances and privacy concerns.
By keeping abreast of these advances, companies can quickly adapt to new legal requirements and put in place the necessary measures to comply with the law. This not only minimizes the legal risks associated with B2B commercial prospecting, but also reinforces the confidence of prospects and customers by demonstrating a willingness to respect their privacy and data protection rights.
Working with RGPD-compliant service providers
Entrusting your B2B commercial prospecting to an expert agency can be advantageous for compliance with the RGPD in several ways. Firstly, a specialized B2B agency has in-depth expertise in the field of commercial prospecting and in-depth knowledge of the rules and regulations associated with the RGPD.
By entrusting this task to competent professionals, companies can ensure that their prospecting practices comply with legal requirements for the protection of personal data. The agency will be able to set up appropriate processes, manage consents, manage databases in accordance with RGPD principles, and provide rigorous monitoring to ensure ongoing compliance.
By relying on the expertise of specialized professionals, companies can benefit from personalized advice and a proactive approach to comply with the RGPD and preserve the trust of prospects and customers in terms of data protection. From then on, outsourcing this part of its business enables it to focus on its core business, such as developing its offer panel and/or closing the leads generated by the agency.
Conclusion
In conclusion, it's essential to understand and comply with the principles of the RGPD in your B2B commercial prospecting. By adopting a legally compliant approach, you can build relationships of trust with your prospects and customers, while guaranteeing the protection of personal data. By focusing on transparency, consent, data security and regular database updates, you can not only comply with legal requirements, but also improve your efficiency and brand image.
By keeping the principles of the RGPD in mind and staying up to date with legal and technological developments, companies can prosper in their B2B commercial prospecting while respecting the privacy and rights of individuals.
