What is the influence of the CNIL in commercial prospecting?
The General Data Protection Regulation, or "GDPR," in effect since May 25, 2018, is a European regulation designed to govern the processing of personal data within the European Union. It follows the amendment of the French Data Protection Act of January 6, 1978. The CNIL ( Protection Authority) is the regulatory body. Cooperation with the CNIL is mandatory when processing personal data for marketing . What is the CNIL and what is its impact on marketing ?
What is the CNIL?
It is an independent administrative authority responsible for the protection of personal data in France. The CNIL , or National Commission for Information Technology and Civil Liberties, conducts audits of companies to verify their compliance with the GDPR . It ensures that digitalization and digital technologies do not infringe upon human identity, privacy, and individual freedom. The CNIL carries out its missions in accordance with Law No. 78-17 of January 6, 1978, as amended on August 6, 2004.
It has six main missions:
- To inform: it informs people about their obligations and rights.
- Regulation: It supports managers in their digital projects. It is consulted on all projects relating to the protection of personal data (draft legislation, defense and public safety). In order to streamline the procedures for routine requests, the CNIL has established simplified standards.
- Protection: It assists citizens in exercising their rights (access to files and data concerning them, receipt and processing of complaints). It supports the data protection officers appointed by companies.
- Control: It monitors data processing within companies. It verifies respect for individual freedom, but also the security of the information system.
- Sanctions: If it finds a breach of the provisions relating to the GDPR, after a formal notice, the CNIL can impose sanctions ranging from a fine to legal action (referral to the competent , referral to the public prosecutor)
- Anticipating: it must be able to anticipate technological developments in order to assess the consequences on the exercise of rights and freedoms.
In commercial prospecting , the CNIL aims to protect the people being solicited.
Sales prospecting and CNIL
In matters of commercial prospecting , CNIL checks are based on two main principles: the "free, specific, informed and unambiguous" consent of the people to be contacted and respect for the right of individuals to object.
In general, the application of the GDPR and the existence of the CNIL (French Data Protection Authority) do not change the rules on prospecting . However, there are basic principles to respect:
- For individuals or B2C, direct marketing is only permitted if the person has explicitly given their consent at the time their personal data was collected. The person must be able to easily and freely opt out.
- For business or B2B clients , the contact person must be informed beforehand that their email address will be used for marketing purposes. They also have the right to object. However, generic business email addresses (contact details of legal entities) are not subject to the right to object. The subject of the marketing must remain relevant to the profession of the person being contacted.
Data transfer
Sometimes this data is shared between business partners. The CNIL (French Data Protection Authority) reminds companies that using databases collected by another company for marketing purposes must obtain the explicit and free consent of internet users before any such contact.
Under these conditions, any organization that holds contact details and wishes to share them with other organizations for prospecting purposes, regardless of the channels used, must first comply with the following regulations:
- The person must consent to their address being shared with others. But before that, they must be informed of the sharing and its purpose.
- The individual can object to this through a simple and free means. Specifically, the right to object must be indicated by a checkbox, often accompanied by a message stating this objection.
- The person must have access to the list of partners receiving the data (visible on the form).
- The person must be kept informed of changes to the list. A complete and up-to-date list must be visible directly on the form or via a link.
- The consent obtained by the company collecting the data on behalf of its partners is valid only for those partners.
- Partners soliciting individuals must give them the right to object. They must also disclose the origin of their sources.
This information regarding the processing of personal data must be provided to the person concerned.
Personal data cannot be transferred outside the European Union (according to the European Directive of October 24, 1995) if the destination country does not offer an adequate level of protection. Some non-EU countries have adopted similar laws recognized by EU member states (Monaco, Switzerland, etc.). Beyond Europe, Canada, Australia, Senegal, and others also have equivalent authority. The United States and Japan, on the other hand, have adopted safeguard legislation, and it is up to the courts to penalize any breaches.
The CNIL regulates commercial prospecting . It ensures good commercial prospecting practices by: verifying the nature and origin of data; regulating contracts with subcontractors; and informing the individuals concerned.
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