GDPR, CCPA, and ZenPrivata Say Stop Spamming People!

I get many LinkedIn requests every day, and some people send me initial messages that say, "Hello Scott M., let me tell you about my product, services, or whatever I'm selling."

First, umm "Hi?" Not much for pleasantries or treating me like a human being. Second, Michael is my middle name. Do you think any actual human would address me as Scott M.? Of course not. These clearly are automated bots writing me.


Automated LinkedIn Sales Messages Violate Privacy and are Unethical

Is this legal? Probably not. But is it ethical? ZenPrivata says "No way!" I never agreed to have someone send me automated marketing messages. I immediately report each of these spammers to LinkedIn for violating my right to privacy.

And LinkedIn agrees. LinkedIn's User Agreement explicitly says that user will not "Use bots or other automated methods to send or redirect messages" and its Professional Community Policies says "Do not use our invitation feature to send promotional messages to people you don’t know or to otherwise spam people."

Unsolicited Sales Emails Violate Privacy and are Illegal

One of these spammers recently went above and beyond, however. After receiving three of these automated LinkedIn messages, I received an e-mail saying I had opted in to their marketing e-mails. No no no. Connecting with someone on LinkedIn does not constitute opting in to marketing or sales e-mails.

Is this illegal? Yes, 100%. Do this to a European and GDPR will fine you 4% of your yearly revenue or 20 million euros, whichever is larger. GDPR requires "affirmative" consent, given freely and unambiguously. Ticking a box to opt-in is an example that is ok. "Silence, pre-ticked boxes or inactivity" do not work for Official Journal of the European Union.

Do this to someone who lives in California, and CCPA will fine you either $7,500 or $2,500 per violation, depending on whether the violation was intentional or not, according to the California Civil Code. $7,500 per e-mail can add up quickly! California does not require an opt-in, but does require giving "notice at collection" how your information will be used, according to the California Office of the Attorney General, including for marketing and sales e-mails


How do I Market Without Violating Privacy? Opt-In.

All of this raises the question, is it possible to market a product or services in the age of GDPR and CCPA? The answer...absolutely!

Both privacy regulations emphasize the concept of opt-in. The idea: only send commercial messages to people who have opted in and requested to receive them. And be clear when you're collecting someone's e-mail that you are going to send them sales and marketing emails, and get the user's consent.

Unsure how to proceed? Contact one of our experts for a free consultation?

This article was written by Scott Schlimmer, co-founder of Zenprivata