One of the concerns raised by GDPR is fear of draconian fines, but that should not be a concern in the UK, at least for those who act in good faith. “I have no intention of changing our proportionate and pragmatic approach, said ICO Information Commissioner Liz Denham. “Hefty fines will be reserved for those organisations that persistently, deliberately, or negligently flout the law.”
And while many have complained that GDPR is a major hindrance to traditional marketing, it redirects efforts towards better targeted accounts and prospects. “B2B direct marketing is alive and well, and is explicitly envisaged in the GDPR legislation,” said Kevin Savage, Rhetorik’s Chief Revenue Officer. “You can do B2B marketing, and you should because compliance requirements are really a blessing in disguise. Relying on Legitimate Interest requires you to be more mindful and selective about the personal data you keep and use. This selectivity enables you to be more targeted in your messaging, to cut through the noise and engage prospects more effectively.”
Please find the underlying statutes for major European countries, courtesy of Rhetorik:
| Country | Legislation |
| Belgium | The Code of Economic Law, and the Royal Decree of 4 April 2003 (advertising by email) |
| France | Article L. 34-5 of the Code of Post and Telecommunication and Article L.121-20-5 of the Consumption Code |
| Germany | The German Act Against Unfair Practices 2004 (UWG) and the revised German Telecommunications Act |
| Ireland | The European Communities (Electronic Communications Networks and Services) Regulations 2011 (the “2011 Regulations”) |
| Italy | Protection of Personal Data Consolidation Act (Data Protection Code – Legislative Decree No. 196 of 30 June 2003) & Legislative Decree nr. 69/2012 |
| Netherlands | Telecommunicatiewet |
| Spain | Law 34/2002 on information society services and electronic commerce (LSSI) |
| UK | The Privacy and Electronic Communications (EC Directive) Regulations 2003 |
This is part III of a discussion of GDPR. Part I begins here.
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