Is the GDPR applicable in a (pure) B2B Context ?
On Tuesday, 6th December, we had our second client workshop about the GDPR. The diverse audience included retailers, manufacturers in the food and beverages industry, franchise networks, IT, healthcare and financial sector companies as well as invitees from national and European federations active in retail and distribution.
There were diverging views on the way in which the GDPR and ePrivacy Directive (which is also due to be replaced by EU regulation) will apply in a (pure) B2B context. It seems clear that prior informed consent is the sole basis for B2C e-mail marketing. However the current text of the (draft) ePrivacy Regulation is ambiguous as to whether a distinction can be drawn between corporate email addresses and individual email addresses. Nevertheless, ‘named’ corporate B2B data (e.g. firstname.familyname@company.com) is clearly personal data and should therefore be processed in line with GDPR. B2B marketers will therefore need to make a choice between using Consent, the so called ‘soft opt-in’ where there is an existing client relationship, or Legitimate Interest for their electronic communications.
Perhaps recital 47 to the GDPR which states (amongst other things) that ‘processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest’ will provide some useful guidance. One thing is for sure the GDPR is yet to reveal all of its secrets !
Read More
Flinn has become a member of Lawrope at the AGM in Monza
Flinn Lawfirm was represented in Monza at the annual general meeting of Lawrope International Group of Lawyers . The ever-changing needs of companies and individuals operating in this environment require the skills of an established multinational group of lawyers.
Read More
FLINN is a Friend of the Ancienne Belgique
We are proud to announce our partnership with the Ancienne Belgique, a cultural gem in the very heart of Brussels. As a firm we feel strongly about creativity, and this relationship is a great symbol of our commitment. Emmanuel Verraes (partner, specialised in Media & Entertainment): “This alliance is the logical extension of our day-to-day involvement in the creative sector.
Read More
The International Comparative Legal Guide to: Franchise 2018 has been published !
Advice on Franchising, whether for local and international franchise networks, or for franchisees (including multi-franchisees), is one significant component of FLINN’s practical focus on Distribution law…
Read More
The Flinn Cup was sailed in Ostend during the first weekend of September
FLINN promotes sports and we love competition as it helps to make us fit and sharp !
Read More
Benoit Simpelaere and Leonard Hawkes will speak at the 11th M&A Conference in Düsseldorf
Benoit Simpelaere and Leonard Hawkes will speak about “Consensualism, Good Faith & Applicable Law in Cross-border M&A Deals” …
Read More
26/10 – Masterclass Distribution and Privacy: Make your network privacy-proof (client seminar)
This topic has already caused and will certainly continue to cause much ink to flow. Importantly, we notice in our daily practice that …
Read More