Consent and legitimate interest in B2B capture
Do you need consent to contact a B2B lead, or is legitimate interest enough? We clarify, without being legal advice, the legal bases of commercial contact.
One of the most frequent doubts in B2B capture is whether consent is needed to contact someone. The short answer is it depends, and understanding it well protects your company. This article is not legal advice, but it is a map of the key concepts you should know.
The legal bases
The GDPR requires a legal basis to process personal data. In B2B capture, the two most relevant are consent (the person expressly accepts) and legitimate interest (you have a reasonable commercial interest that does not violate their rights). Which applies depends on the context and the channel.
When legitimate interest usually suffices
In B2B contact aimed at a professional for a reason related to their work, legitimate interest is usually a valid basis, provided you make an honest balancing of your interest against their rights, inform them and respect their right to object. It is not a blank check: it requires judgment and transparency.
- All capture needs a legal basis
- Legitimate interest: common in B2B, with balancing
- Consent: required in certain channels and data
- Always: inform and respect the right to object
- Documenting the basis protects you
The role of the lead provider
If you buy leads, the origin and legal basis of that data matters as much as your own. A serious provider can explain where the data comes from and on what basis they process it. Buying from someone who cannot transfers a risk that ends up being yours. The key question: on what basis do you process this data?
The practical rule
You do not need to be a lawyer, but you do need to work with providers who take compliance seriously and to document your own legal basis. Legitimate interest, well applied, opens the door to B2B capture; ignoring it or assuming anything goes is the real risk. When in doubt, consult a specialist.