What is the influence of the CNIL on commercial prospecting?
Posted: Sat Dec 07, 2024 3:32 am
Francois KOLLI
September 10, 2024
Acquisition
What is the influence of the CNIL on commercial prospecting?
The General Data Protection Regulation, known as “GDPR”, in force since May 25, 2018, is a European text intended to regulate the processing of personal data within the European Union. It derives from the amendment of the law relating to information technologies, files and civil liberties of January 6, 1978. The CNIL is the regulator. Cooperation with the CNIL in the canada email list processing of personal data in the context of sales prospecting is mandatory. What is the CNIL and what is its impact? prospecting ?
What is the CNIL?
It is an independent administrative authority responsible for the protection of personal data in France. CNIL Gold Tea The National Commission for Information Technology and Freedoms carries out controls at company level to verify the compliance of their actions with the GDPR. It ensures that digitalisation and digital technology do not infringe human identity, privacy and individual freedom. The CNIL carries out its missions in accordance with Law No. 78-17 of 6 January 1978, amended on 6 August 2004.
It has six main missions:
Inform: inform people about their obligations and rights.
Regulate: support managers in their digital projects. It is required for all projects relating to the protection of personal data (draft law, defence and public security). To simplify the processing of routine requests, the CNIL has established simplified rules.
Protect: help citizens exercise their rights (access to files and data concerning them, receipt and investigation of complaints). Supports the data protection officers appointed by companies.
Control: controls computer processing in companies. Verifies respect for individual freedom, but also the security of the information system.
Sanction: If it finds that the provisions relating to the GDPR have been infringed, following a formal notification, the CNIL can impose sanctions ranging from a fine to a judicial measure (referred to the competent court, referred to the public prosecutor).
Anticipate: must be able to anticipate technological developments in order to be able to assess the consequences on the exercise of rights and freedoms.
In commercial prospecting, the CNIL aims to protect the persons contacted.
Commercial prospecting and CNIL
In the field of commercial prospecting, CNIL controls are based on two main lines: "free, specific, informed and unequivocal" consent and respect for the right of individuals to object.
In this case, generally speaking, the application of the GDPR and the existence of the CNIL do not modify the rules on commercial prospecting. However, there are basic principles that must be respected:
For individuals or BtoC, the survey may be carried out on the sole condition that the person has given his explicit consent at the time of the collection of personal data. The person must be able to object easily and free of charge.
For professionals or B2B, the manager must be informed in advance that his email address will be used for prospecting purposes. He also has the right to object. On the other hand, generic professional addresses (contact details of legal entities) are not subject to the right of opposition. The purpose of the prospecting must be consistent with the profession of the respondent.
Data transfer
Sometimes, this data is transmitted between commercial partners. The CNIL reminds that companies carrying out commercial studies on databases prepared by other companies must obtain the free and specific consent of Internet users before carrying out any study.
Under these conditions, any organisation that has contact data and wishes to share it with other organisations for prospecting purposes, regardless of the channels used, must first comply with the following measures:
The person must give his consent for his address to be transmitted to other persons. However, he must be informed in advance of the transmission and its purpose.
The person may object by a simple and free means. In particular, the right to object must be materialised by a check box, often accompanied by a message indicating such opposition.
The person must have access to the list of partners who receive the data (visible on the form).
The person must be aware 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 person must be obtained by means of a link.
September 10, 2024
Acquisition
What is the influence of the CNIL on commercial prospecting?
The General Data Protection Regulation, known as “GDPR”, in force since May 25, 2018, is a European text intended to regulate the processing of personal data within the European Union. It derives from the amendment of the law relating to information technologies, files and civil liberties of January 6, 1978. The CNIL is the regulator. Cooperation with the CNIL in the canada email list processing of personal data in the context of sales prospecting is mandatory. What is the CNIL and what is its impact? prospecting ?
What is the CNIL?
It is an independent administrative authority responsible for the protection of personal data in France. CNIL Gold Tea The National Commission for Information Technology and Freedoms carries out controls at company level to verify the compliance of their actions with the GDPR. It ensures that digitalisation and digital technology do not infringe human identity, privacy and individual freedom. The CNIL carries out its missions in accordance with Law No. 78-17 of 6 January 1978, amended on 6 August 2004.
It has six main missions:
Inform: inform people about their obligations and rights.
Regulate: support managers in their digital projects. It is required for all projects relating to the protection of personal data (draft law, defence and public security). To simplify the processing of routine requests, the CNIL has established simplified rules.
Protect: help citizens exercise their rights (access to files and data concerning them, receipt and investigation of complaints). Supports the data protection officers appointed by companies.
Control: controls computer processing in companies. Verifies respect for individual freedom, but also the security of the information system.
Sanction: If it finds that the provisions relating to the GDPR have been infringed, following a formal notification, the CNIL can impose sanctions ranging from a fine to a judicial measure (referred to the competent court, referred to the public prosecutor).
Anticipate: must be able to anticipate technological developments in order to be able to assess the consequences on the exercise of rights and freedoms.
In commercial prospecting, the CNIL aims to protect the persons contacted.
Commercial prospecting and CNIL
In the field of commercial prospecting, CNIL controls are based on two main lines: "free, specific, informed and unequivocal" consent and respect for the right of individuals to object.
In this case, generally speaking, the application of the GDPR and the existence of the CNIL do not modify the rules on commercial prospecting. However, there are basic principles that must be respected:
For individuals or BtoC, the survey may be carried out on the sole condition that the person has given his explicit consent at the time of the collection of personal data. The person must be able to object easily and free of charge.
For professionals or B2B, the manager must be informed in advance that his email address will be used for prospecting purposes. He also has the right to object. On the other hand, generic professional addresses (contact details of legal entities) are not subject to the right of opposition. The purpose of the prospecting must be consistent with the profession of the respondent.
Data transfer
Sometimes, this data is transmitted between commercial partners. The CNIL reminds that companies carrying out commercial studies on databases prepared by other companies must obtain the free and specific consent of Internet users before carrying out any study.
Under these conditions, any organisation that has contact data and wishes to share it with other organisations for prospecting purposes, regardless of the channels used, must first comply with the following measures:
The person must give his consent for his address to be transmitted to other persons. However, he must be informed in advance of the transmission and its purpose.
The person may object by a simple and free means. In particular, the right to object must be materialised by a check box, often accompanied by a message indicating such opposition.
The person must have access to the list of partners who receive the data (visible on the form).
The person must be aware 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 person must be obtained by means of a link.