The General Data Protection Regulation (GDPR) was first introduced in 2018. Many specialists believe such regulations are needed in the rapidly changing atmosphere of B2B cold calls. However, many people believe GDPR and other privacy laws are too strict and ask, “Can you still cold call under GDPR” after almost all these years?
You should notice that GDPR was first meant only to safeguard the privacy and data of European Union citizens, but its implications extended far beyond Europe’s borders, affecting businesses worldwide.
This article will answer some of your concerns about cold calling and GDPR. So, if you are curious about this matter, start reading.
Can you still cold call under GDPR? 📜
Yes, you can still make cold calls under GDPR. But, you should know this regulation completely and obey it every second of the cold-calling process. You must obtain explicit consent or have a legitimate interest in contacting individuals. You should also provide opt-out options, respect privacy preferences, and keep records of consent. Remember that breaking this law can have serious consequences for your business.
What Is GDPR?
As consilium.europa.eu defines it: “The EU General Data Protection Regulation (GDPR) is the world’s strongest privacy and security law. This regulation updated and modernized the principles of the 1995 data protection directive. It was adopted in 2016 and entered into application on 25 May 2018.”
GDPR requires companies to obtain clear and prior permission from individuals before using their data. This permission must be given willingly and specifically, leaving no room for confusion. People can also withdraw their consent at any time.
Cold Calling & GDPR- A Real Hassle or Not?
Well, no, it is not a real hassle! But as with any other regulation, it must be obeyed. You can always make cold calls if you are on the correct path.
GDPR is not there to stop the natural flow of marketing but to prevent people from violating others’ rights, which can happen easily in the digital era. So, as long as you handle your leads’ data correctly, like allowing them to opt out of future calls, you can cold-call people interested in what you offer.
Remember that shooting in the dark is always the worst idea, especially when making cold calls under GDPR. Some people might be on the DNC (Do Not Call) list, which can get you in trouble with GDPR, CCPA, and other regulations.
To avoid such troubles, it is always suggested to use lead generation and lead qualification platforms, like CUFinder that perform under GDPR.
Is Cold Calling Under GDPR Different in the UK & EU?
Yes, the rules of GDPR and telemarketing under it in the UK, especially after the implementation of Brexit, differed from those in the EU. Of course, I must remind you that its principles and structure are still the same, but there are differences in how the regulations are implemented and interpreted.
The GDPR in the European Union sets very strict rules on how businesses collect, process, and store personal data, including in cold calling. Cold calling is possible in EU countries, but businesses must ensure that they comply with local laws, which may require the following:
- Prior consent in some countries.
- Respect to national “Do Not Call” lists.
- The right to object at any time.
Another thing that GDPR mandates in the EU is that if a company wants to use personal data such as phone numbers, it must first prove that it has legitimate interests in processing such data.
As mentioned, the UK GDPR has common principles but different interpretations and implementations. After leaving the EU, the UK customized the GDPR rules.
For example, cold calling is regulated by the Privacy and Electronic Communications Regulations (PECR) committee alongside the UK GDPR. One similarity between the UK GDPR and the one implemented in the EU is “legitimate interests.”
Companies that want to cold-call UK citizens must carefully assess their impact on individuals and justify why their interests outweigh customers’ privacy rights. Another similarity is the DNC list, which is called Telephone Preferred Service (TPS) for individuals and Corporate TPS (CTPS) for businesses in the UK. If someone has registered on this list, you must get their consent before calling them.
I have to mention that in the European Union, each member state has a different data protection authority for enforcing GDPR rules, such as CNIL in France and ICO in Ireland. At the same time, the Information Commissioner’s Office is the sole regulatory mechanism for enforcing the GDPR in the UK.
Some European countries have a very strict interpretation of the GDPR, which makes cold calling very difficult for marketers whose prospects are citizens of these countries.
However, interpreting these laws in England is a little easier; it focuses on legitimate interests and compliance with PECR (Privacy and Electronic Communications Rules).
Consider these points in your business plan template to avoid legal trouble if your business operates in each of these areas.
Local laws regarding cold calling can differ in each European country, so make sure to check them out. Use Legitimate Interest Assessments (LIA) since they are very important in areas subject to GDPR. Respect Opt-Outs to stay out of trouble. Remember that it is part of the rules for respecting customers. After all, no one likes getting stalked by a marketer, isn’t it?
Why Is It Important for Sales Representatives to Follow GDPR?
Obeying different laws has shaped our modern human society. Rules are one of those things that any marketer should follow, especially in cold calling. This is not only to protect users’ data and privacy but also to protect your business and maintain its reputation among customers.
Violating GDPR can result in heavy fines for companies, such as 20 million euros or 4 percent of the company’s annual global turnover, whichever is greater. Breaking this law can also damage buyers’ trust, which is directly related to sales teams’ performance. Let’s take a closer look.
1. Trust
One of the GDPR compliance benefits is that customers have more confidence in their data. Therefore, they give you their information more easily and willingly. GDPR compliance isn’t just about avoiding fines; it’s about establishing transparency and respecting customer privacy. This can also lead to greater satisfaction and increased customer loyalty, thus improving the quality of selling interactions.
2. Boundaries
Apart from the legal consequences for those who break the law, since violation of GDPR results in heavy fines, it keeps the sales representative in check and out of risking themselves and their companies’ reputation. This can lead to greater satisfaction and increased customer loyalty, and improving the quality of selling interactions.
3. Better Relevance
The GDPR gives sales reps every reason to focus on relevance and personalization of the calls. This will improve the engagement and conversion ratio as prospects and bounds companies to data enrichment for better marketing.
4. Sales Teams Confidence
Another reason GDPR is important is that it gives more confidence to marketing and sales teams. It means they know what they can and cannot do and avoid the legal traps.
They will be able to focus more on creating effective communication and value. Sticking to the law empowers them to communicate in a manner that meets regulations and customers’ expectations at the same time.
Final Words
We tried to answer the question, “Can you still cold call under GDPR?” As you just read, the answer is yes. You can simultaneously use outbound sales methods like cold calls and obey this regulation. You should know GDPR and its components and try not to violate it when telemarketing in the EU and UK.
The point is that GDPR is not there to cause businesses’ a headache but to protect citizens’ privacy, businesses’ reputations, and customers’ trust, which are directly related to sales results.
Just remember that GDPR in the EU and the UK are different, so you should look at both to ensure that you are not violating it in these areas and will not get in trouble. GDPR is not only about cold calling but also covers other types, like cold email marketing. Have you ever got into trouble for breaking GDPR? Share your experience with us in the comments or on CUFinder’s social media accounts.
FAQs
1. What Information Can I Collect on a Cold Call Under the GDPR?
Under the GDPR, you can capture only the basic information about a prospect on a cold call, including name, job title, and business contact details such as company phone number or email address, if relevant to your business purposes.
2. How Do I Notify Prospects Their Data Is Safe?
As mentioned in the text, GDPR will build trust. So, if you are performing under it, mention that to the prospects you call. You can also create a GDPR landing page for your website.
3. Is It Okay to Continue Calling a Prospect Who Has Already Expressed Interest?
Yes, when customers express interest, further calls will not be cold but warm. It means they are already on the buyer’s journey and only need a little push to move to the next level.
4. How Do You Record Calls Under GDPR?
You must notify the prospect immediately that you wish to record the call and obtain their consent. You must also define why you need to record the call and how you will use the data you collect. Offer an alternative to recording, if possible.
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