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B2B email spam laws

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A refresher for on the rules around sending email (and SMS) to prospects.

New Zealand privacy and email marketing

With regard to the NZ Privacy Act 2017 and updated 2020.

Top level obligations

  • Be transparent. Don’t hide anything.
  • Make sure you have consent.
  • Always give people the opportunity to opt-out or unsubscribe.

Deemed consent is what most B2B marketing would be using for email marketing.

[Quote from article linked above]

However, the area of ‘deemed’ consent is still an area open to interpretation in New Zealand. What was Keith’s advice on this?

“In New Zealand, if you deem your service or product is relevant to the person whose data you’ve collected (or whose contact information is publicly available), then you have permission to send them communications as long as this is covered in your Privacy Policy.” However Keith pointed out that this is actually a requirement of the UEM Act, not the Privacy Act.

BUT you first need a strong privacy policy on your business website.

Here’s a sample NZ privacy policy (and one from Australia).

USA and Canada and GDPR (Europe)

These jurisdictions have different rules – but many of the underlying principles are similar.

Hope that’s useful for everyone.

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Email list, marketing permission, contact options, GDPR

A nicely written GDPR email

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Today I received a GDPR email message from a LinkedIn connection – we are 1st degree connected.  But because he’s in Europe, all his written electronic mass communications are now governed by GDPR – the European Union legislation General Data Protection Regulation.

The full email is reproduced below.  Here is my analysis of why it’s such a nicely composed text.  If you are in B2B marketing, I recommend taking a close look and deciding if this sort of annual review of your mailing list is appropriate.

Because we pay (mostly) for our email mass communications in a monthly fee calculated on the size of our mailing list, it’s worthwhile doing a “cull” to remove people who are either not reading your messages (since Gmail introduced the tabbed viewing this has increased for my list)  or those who are no longer relevant to you or vice versa.  It keeps your messaging tight and focused.

6 direct mail copywriting tips

  1. The opener explains why – in large font.  The subject line is “Why did we connect in the first place?” so I was intrigued to open it.
  2. The addressee (me) is personalised.
  3. The four points summarise Paul’s brand offering and gives me more reason to check out his current work.
  4. Then he justifies continuing to mail me post-GDPR (not sure I buy this – but points for trying)
  5. He gives permission to unsubscribe and suggests reasons why I should do this.
  6. Lastly, in the footer he reminds me to update my LinkedIn contact preferences – a very nice touch

So here’s his article in which he explains what IDK means and here’s the list management options for future communications showing my selections.

I think this is clear and totally appropriate.  Get in touch if you’d like me to review your mailing list strategies.

Email list, marketing permission, contact options, GDPR

Email list marketing permission options

The Full Email Text

Rebecca, You are receiving this email because we are 1st. grade connected on LinkedIn.
Rebecca,

“I did not have time to write a short note” sic. Mark Twain The words appeared in a letter [JRMT] 1871 June 15, Letter from Mark Twain to James Redpath, Elmira, New York

  1. Was it because my profile caught you attention, or was it something in my Company  page which appealed to you?
  2. Was it one of my groups on Business Development or Logistics Collaboration that inspired you?
  3. I know …it’s my management books drew you over the hurdle, and gave you courage to send me an invitation!
  4. Or you wanted to network and reach out to bring your services or product under my attention.
Good because Linked-In delivers leads!

We are lost without connections!
Sic. Owen Jones

All good reasons and fine with me…, as these are my reasons too.

By connecting 1st grade you signed-in = pre GDPR opt-in – when accepting the connection request.
Your connection is as valuable to me as exchanging a business card containing all contact data during a life network event. A licence to contact… by phone, fax (I still remember), mobile phone (now WhatsApp), mail … This in order to set-up a business deal, meeting (now virtual) and social event… stay in contact.

And which is more, exchange or reach out for knowledge, an introduction, bring articles, whitepapers, books – all now with e- extension – which added to our success to each other’s attention and use. Shortcutting the learning curve, avoiding pitfalls, grow faster.

It is cumbersome to maintain contact with your network (it contains the verb …work) so here is how I do it: I am a giver – the golden rule in networking: give and not expect to be given – by sharing courtesy content, summits, introductions…. Proper GDPR set-up in place to safeguard and cherish our contact.

When your interest, position, business evolves, it is okay to: * Unsubscribe * or hit the * No longer interested *,  * Unspecified * , * Other * (a reason appreciated) tab. No hard feelings!

But don’t throw * Did not sign up * back at me because you did  – pre- GDPR – check your linked-in connection list.

It gets worse  with * Inappropriate content *: how am I supposed to know things changed when you are not telling me, your once 1st linked-in chosen contact, what changed, what your interests are today… so Update your preference.

Have we lost the art of 1to1 communication?

Do not *S.s.s.s.p.p.p.p.a.a.a.m.m.m.m.m.m.* me.
I for one will never do that. Never!!!

Next time before sending: IDK * Think 2-ice .. Here is Why 

Having said this, I rest my case with respect for your decision and the consequence that our 1st connection will be discarded.

Best Personal Regards,
Paul Van den Brande
Co-Managing Partner

—We Never Forget You Have A Choice —
—–&—-

You are receiving this email because we connected on LinkedIn.

Our mailing address is:

Noble House Group

Max Hermanlei 74a

Brasschaat 2930

Belgium

Add us to your address book

–We Never Forget You Have A Choice! —

Your GDPR safety requires you to update your preferences

GDPR Contact Paul Van den Brande – pvdb@noblehousegroup.eu
Your data will never be shared without prior information.
You can change your mind at any time using the unsubscribe from this list
No hard feelings!

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