Marketing Automation has become a natural tool for many successful marketing organizations, especially in B2B. But GDPR requires us to review many automated processes. This means identifying risk areas and addressing gaps to ensure compliance. Below we highlight five common pitfalls and how you can avoid them.
Under the GDPR, organizations must have a legal basis for storing and processing personal data. Explicit (or "active") consent is one such legal basis, but others, such as legitimate interest, can also be applied if the organization can demonstrate compliance and that it protects the individual's rights.
IP tracking: Using IP addresses to collect behavioral data counts as processing of personal data under the GDPR. Explicit consent may be required in some contexts, while legitimate interest may be sufficient in others, provided a balancing test shows that it does not infringe the individual's rights.
Lead scoring: This involves profiling based on online behavior and may require consent or another legal basis, such as legitimate interest. To continue using these features, organizations should review their databases and ensure that appropriate legal bases are documented. Clear records should show when and how consent was obtained or describe the basis for legitimate interest.
The GDPR emphasizes data minimization and requires organizations to collect and retain only data that is strictly necessary for a specific purpose. Review your forms to ensure you are only requesting essential information, such as name, email address and company name in the B2B context. Regular audits of your databases are also crucial to remove unnecessary or outdated personal data.
Centralizing personal data in a robust CRM system is crucial for GDPR compliance. Systems need to be fully synchronized so that unsubscriptions or withdrawn consents are respected across all communication channels. This ensures that individuals are not contacted after they have withdrawn their consent, minimizing the risk of sanctions. In addition, personal data should be accessible to users, so that they can easily review how their data is used and manage their preferences.
Reactivation campaigns targeting inactive contacts can still be carried out under the GDPR, but they must have a valid legal basis for processing. Explicit consent is an option, but legitimate interest can also apply if the organization can demonstrate that the campaign is necessary and not intrusive. However, consent must be specific to the type of communication, and legacy data that does not meet GDPR requirements should be reviewed and deleted if necessary.
The GDPR requires organizations to delete personal data that they no longer have a legal basis to store, process or use. This includes data where consent has not been explicitly given. Under the 'right to be forgotten', individuals can request the deletion of their personal data, and organizations must comply, except in cases where retention is necessary (e.g. to document that consent has been withdrawn). A centralized system for managing consent and data retention can streamline compliance and enable better targeting of marketing efforts.
The GDPR presents challenges, but it also provides an opportunity to improve data governance and build trust with your audience. A careful review of your marketing automation practices and legal bases for processing can help you ensure compliance and drive better results. If you need guidance in your GDPR preparations, contact us - we'll help you navigate the complexities and strengthen your processes.
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