GDPR Compliance for B2B Data: A Practical Guide
Navigate GDPR requirements for B2B professional data. Learn about lawful basis, legitimate interest, data subject rights, and building compliant workflows.
GDPR Basics for B2B
The General Data Protection Regulation (GDPR) applies to all personal data processing in the EU, including B2B professional data. While B2B data feels different from consumer data, the same rules apply when you're processing information about individuals.
Professional email addresses, job titles, and work phone numbers are personal data under GDPR. Understanding how to process this data legally is essential for any B2B company operating in or targeting the EU market.
What Counts as Personal Data?
Personal data is any information relating to an identified or identifiable person. In B2B contexts, this includes:
B2B Personal Data Examples
- Direct identifiers: Name, email address, phone number
- Professional info: Job title, company, department
- Online identifiers: IP addresses, cookie IDs
- Location data: Office address, work location
- Social profiles: Professional network profiles
Generic company information (company name, industry, size) without individual identifiers is not personal data. But as soon as you add a contact name or email, GDPR applies.
Lawful Basis for Processing
You must have a lawful basis to process personal data. For B2B marketing and sales, the two most relevant bases are consent and legitimate interest.
Consent
Consent must be freely given, specific, informed, and unambiguous. For B2B, this means:
- Clear opt-in (pre-ticked boxes don't count)
- Specific purpose stated upfront
- Easy to withdraw at any time
- Documented and provable
Legitimate Interest
Legitimate interest allows processing when you have a genuine business need and the individual's rights don't override that need. This is often used for B2B prospecting.
Legitimate Interest Assessment (LIA)
- Purpose test: Is your interest legitimate and clearly defined?
- Necessity test: Is processing necessary for that purpose?
- Balancing test: Do individual rights override your interest?
Legitimate Interest vs. Consent
Choosing between legitimate interest and consent depends on your use case and relationship with the individual.
When to Use Legitimate Interest
- B2B prospecting to relevant decision makers
- Enriching existing customer data
- Fraud prevention and security
- Internal business operations
When to Use Consent
- Email marketing to individuals
- Sharing data with third parties
- Processing sensitive personal data
- When legitimate interest doesn't apply
Data Subject Rights
Individuals have specific rights under GDPR that you must respect and facilitate.
Key Rights
- Right to access: Individuals can request a copy of their data
- Right to rectification: Correct inaccurate data
- Right to erasure: Delete data when no longer needed
- Right to restrict processing: Limit how data is used
- Right to data portability: Provide data in machine-readable format
- Right to object: Stop processing for direct marketing
You must respond to data subject requests within one month. Have processes in place to handle these requests efficiently.
Data Retention Policies
You can't keep personal data forever. Define retention periods based on your legitimate need and legal requirements.
Sample Retention Periods
- Active prospects: 2 years from last engagement
- Customers: Duration of relationship + 6 years (tax records)
- Marketing lists: 2 years, with annual re-consent
- Unsubscribed contacts: Suppression list only (minimal data)
Implement automated deletion processes. Don't rely on manual cleanup - it won't happen consistently.
Data Processing Agreements (DPAs)
When you use third-party services that process personal data on your behalf (like data enrichment APIs), you need a Data Processing Agreement.
DPA Requirements
- Processing scope: What data, for what purpose
- Security measures: How data is protected
- Sub-processors: Who else might process the data
- Data subject rights: How requests are handled
- Breach notification: Timelines and procedures
- Data deletion: What happens when contract ends
International Data Transfers
Transferring personal data outside the EU requires additional safeguards. The UK has similar requirements post-Brexit.
Transfer Mechanisms
- Adequacy decisions: EU-approved countries (UK, Switzerland, etc.)
- Standard Contractual Clauses (SCCs): EU-approved contract terms
- Binding Corporate Rules: For multinational companies
- Explicit consent: For specific transfers
Most US-based services use SCCs. Ensure your vendors have proper transfer mechanisms in place.
Breach Notification
If you suffer a data breach that risks individual rights, you must notify the relevant supervisory authority within 72 hours.
Breach Response Plan
- Detect: Identify the breach quickly
- Contain: Stop the breach from spreading
- Assess: Determine scope and risk
- Notify: Report to authority within 72 hours if high risk
- Communicate: Inform affected individuals if necessary
- Document: Record all actions taken
Building Compliant Workflows
Integrate GDPR compliance into your daily operations, not as an afterthought.
Compliance Checklist
- ✓ Document your lawful basis for each processing activity
- ✓ Maintain a Record of Processing Activities (ROPA)
- ✓ Implement data minimization (collect only what you need)
- ✓ Set up automated retention and deletion
- ✓ Create processes for data subject requests
- ✓ Sign DPAs with all processors
- ✓ Conduct regular privacy impact assessments
- ✓ Train staff on GDPR requirements
- ✓ Appoint a Data Protection Officer if required
Documentation Requirements
GDPR requires extensive documentation. You must be able to demonstrate compliance, not just claim it.
Essential Documents
- Privacy policy: Public-facing, clear language
- ROPA: Internal record of all processing
- LIA: Legitimate interest assessments
- DPAs: Agreements with all processors
- Consent records: Who consented, when, to what
- Training records: Staff GDPR training
- Breach log: All incidents, even minor ones
Common GDPR Mistakes
- Assuming B2B is exempt: It's not - professional data is personal data
- Relying on consent when you shouldn't: Legitimate interest often works better
- Keeping data forever: Define and enforce retention periods
- No DPAs with vendors: Required for all processors
- Ignoring data subject requests: You have 30 days to respond
- Poor documentation: Can't prove compliance without it
Conclusion
GDPR compliance for B2B data isn't optional - it's a legal requirement with serious penalties for violations (up to €20 million or 4% of global revenue). But compliance doesn't have to be complicated.
Start with the basics: document your lawful basis, implement retention policies, set up processes for data subject rights, and sign DPAs with your vendors. Build compliance into your workflows from day one, and it becomes manageable.
Remember: GDPR is about respecting individual rights while enabling legitimate business activities. Done right, it builds trust with your prospects and customers.
GDPR-Compliant Professional Data
Netrows processes professional data in compliance with GDPR. We have DPAs available and follow data protection best practices.