The mixed case:
Legal Person with natural person contact data
It is a much less frequent case in our Database, but existing. Contact data that incidentally identifies the "natural person" can appear according to two patterns:
a) [email protected]
b) [email protected]
While in the first case, the person is clearly identified by the company to which it is related; the second case collects mostly freelancer, professionals or self-employed people who use, albeit for business purposes, contact details that clearly identify the "natural person" even beyond his professional role.
In both cases the arguments are two and equally relevant:
If the email address (or the name and surname, the charge, etc.) have been conferred by the subject, indicating them as contact data for their business activity, this precise action brings them in the exclusion of Recital 14.
If instead (beyond the intentions of the transferor) you want to consider these data as referring to the "Natural Person", the right to treatment is assured by two other Law Statements: 47 and 70.
Particularly, the 47 states, as a conclusion:
The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest.
Thus, if the direct marketing aims to legitimate interest, the processing of this type of data is allowed.
In this case, the interested party's assertion of the rights is no longer a choice but an obligation. This means to inform the recipient about the data treatment and its purposes by ensuring the exercise of the rights.
Transmitting the disclosure could be the occasion in which to present your activity and the object of the eventual promotion.
The analysis shows that the GDPR provisions not only do not constitute a problem for our customers and marketers, but - in many points - clarify and expand the possibilities related to direct marketing by opening roads previously, due to regulatory deficiencies, stucked in the gray area.