Cold Email Legal Notices: what it is and why you need it?

As you may know (and you should know if you use WeControl or at least read our blog) cold emails are not permitted by GDPR however fall under its regulation as a form of direct marketing. 

However, someone tells that cold emailing died and someone tells that GDPR does not affect cold emailing. Both of them are wrong and just don't understand this law and all other corresponding agreements.

We've already made a lot of different articles about cold emailing where you may see a lot of Dos and Don'ts. However, we've never covered some particular solutions, like Legal Notice. And in this article we gonna cover it.

Why you need Legal Notice? 

As we mentioned earlier if you are trying to justify data processing of your prospects you need to answer three simple questions.

However, if you have the answers it doesn't mean that your prospects understand your position, and know them as well. 

And for your sake and data processing lawfulness it's better to tell your prospects about every aspect of your cold emailing beforehand. And Legal Notice is the best way to do it. 

Legal Notice Examples

First of all - there is no silver bullet to create a legal notice that works for everyone and every case. 

It may defer from case to case, however, you should always cover several important things: 

  • Legal basis for data processing

  • Way to opt-out

  • Subject rights

Here is the super simple (a-ka "not the best option") legal notice for cold emailing: 

"LEGAL NOTICE:  This email is a Business-to-business communication with an appropriate legal basis. The legal basis for the processing of your personal data is "Legitimate Interest". We have a documented LIA. Your contact details were found in a publicly available list. 

You may opt-out of receiving further emails at any time by replying to this email saying, “I want to opt-out”. 

We totally respect your privacy and your rights. If you want to use your right to object or any other subject right, please respond to this email or reach to {your_privacy_email}

As for UK companies who have amazing ICO which is the best DPA we've ever seen in WeControl you can take into account their latest Direct Marketing Guide that really simple to understand. 

Here is an example of the Legal Notice that was made based on the ICO guidelines and is used for our direct marketing efforts (recommended):

"LEGAL NOTICE: You have been contacted under the guidance of the British Supervisory Authority, the “Information Commissioner´s Office” (ICO) with respect to the section titled “Business-to-business texts and emails” section on page 44 of their “Privacy and Electronic Communications Regulations Direct Marketing” publication which can be found here. The legal basis for processing is "Legitimate Interest". We have a documented LIA. Your contact details were found in a publicly available list. As per ICO guidelines in the “Business-to-business texts and emails” section, you may opt-out of receiving further emails at any time by replying to this email saying, “I want to opt-out”. To find out more about our privacy policy, visit this web page.

LIA (Legitimate Interest Assessment) is a document with an appropriate questionnaire that shows that you have a legitimate interest to contact these persons and there is no other way to grow your business. 

We strongly recommend discussing this legal notice with your lawyers and/or GDPR consultants for your particular case.
You may share this article with them to speed up the whole process. 

 

Disclaimer: The materials on this web site have been prepared by Wecontrol Business Services OÜ for informational purposes only and are not legal advice or a substitute for legal counsel. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. You should not rely or act upon this information without seeking professional counsel.


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