At a glance
- Business-to-business marketing is when you send direct marketing to another business or a business contact.
- PECR contains rules on direct marketing by electronic message (eg phone call, email, text message and fax). These rules may differ depending on your chosen method of direct marketing and the type of business that you intend to contact. Sometimes you may need consent.
- Businesses are classed as “corporate subscribers” under PECR if they are a corporate body with separate legal status (eg companies, limited liability partnerships, Scottish partnerships, and some government bodies). However sole traders and other types of partnerships are classed as “individual subscribers” and PECR treats them the same as individuals.
- In general the marketing rules in PECR apply equally to corporate subscribers and individual subscribers. The main difference is that the rule on marketing by electronic mail (eg email or text message) doesn’t apply to corporate subscribers.
- If you are processing personal data for direct marketing purposes, even in a business context, the UK GDPR applies.
- If you collect an individual’s contact details in their business capacity and you intend to send them direct marketing messages, you must tell them about this and have a lawful basis under the UK GDPR for the processing.
- If you want to use publicly available personal data to send marketing to an individual, even in a business context, you need to comply with the UK GDPR.
- Businesses and business contacts can object to your direct marketing. They can also change their mind and withdraw their consent to your marketing at any time.
What is business-to-business marketing?
Business-to-business (B2B) marketing is when you send direct marketing to another business or a business contact.
Direct marketing is broad and covers all types of advertising, marketing or promotional material. It covers any means of communication such as emails, text messages, phone calls, and post. It includes commercial marketing (eg promotion of products and services) and the promotion of aims and ideals (eg fundraising, campaigning).
Further Reading
Why is it important to know the rules for business-to-business marketing?
It is important because how the law applies to you may differ depending on your chosen method of direct marketing and the type of business that you intend to contact. For example, are they a corporate subscriber or are they treated the same as individuals?
The UK GDPR still applies to B2B marketing if you are processing personal data. For example, if you hold the name of the individual who represents the business. It is the Privacy and Electronic Communications Regulations 2003 (as amended) (PECR) rules that may be different for B2B when compared to contacting individuals in their personal capacity.
Further reading
When does PECR apply to business-to-business marketing?
PECR applies to the sending of direct marketing messages by:
- live or automated phone call;
- electronic mail (eg emails and text messages); and
- faxes.
The marketing rules in PECR refer to “subscribers”. For example, this means the customer named on the bill for a telephone line or internet connection. There are two type of subscribers in PECR – corporate and individual.
Corporate subscriber covers subscribers that are a corporate body with separate legal status. This includes:
- companies;
- corporation soles;
- limited liability partnerships;
- Scottish partnerships;
- some government bodies; and
- any other body corporate or entity that is a legal person distinct from its members.
So, for example, the email address or telephone number of an employee at a corporate body would constitute a corporate subscriber for the purposes of PECR because the ‘subscriber’ is their employer.
However not all types of businesses are classed as corporate subscribers under PECR. Some are actually classed as individual subscribers. This includes:
- sole traders;
- certain types of partnerships (eg non-limited liability partnerships or other types of English, Welsh and Northern Irish partnerships); and
- other unincorporated bodies of individuals.
This means they are treated the same as individuals and have greater protections under PECR.
