The General Data Protection Regulation (GDPR) – it's a phrase that still sends shivers down the spines of many in the construction sector. But fear not! While GDPR sets stringent standards for data privacy, it doesn't have to be a roadblock to effective lead generation and client outreach. In fact, when handled correctly, it can build trust and enhance your reputation.

At Saint Global, we specialise in empowering construction businesses, and we understand the unique challenges you face. That's why we've created this guide to demystify GDPR and show you how to leverage data responsibly, ensuring compliance while driving business growth.

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Data Regulations

At Saint Global, our services cater to diverse sectors, ranging from domestic and industrial to public works. We have read the (GDPR) and Privacy and Electronic Communications Regulations (PECR) inside and out, to align our practices with guidance from the Information Commissioner’s Office (ICO) into our systems and processes

Processing of Personal Information has to comply with the UK General Data Protection Regulation (UK GDPR) and PECR, grounded in the lawful basis of legitimate interest. To ensure accountability, we recommended conducting a thorough Legitimate Interests Assessments (LIAs) as part of your compliance framework.

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What Is GDPR?

GDPR is a security and data privacy law implemented in 2018 to establish stricter standards for data handling and transparency. It is often described as the toughest privacy and security law globally, applying to any organisation collecting data related to individuals in the UK or European Union.

In essence, GDPR is about protecting people’s data, ensuring it is managed responsibly, and maintaining transparency between organisations and their clients or prospects. The regulation is structured around seven key principles:

1. Lawfulness, Fairness & Transparency
2. Purpose Limitation
3. Data Minimisation
4. Accuracy
5. Storage Limitation
6. Integrity & Confidentiality (Security)
7. Accountability

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GDPR and Construction Lead Generation: It’s All About How You Use Data

A common misconception about GDPR is that it halts communication or marketing activities. This isn’t true. In fact, GDPR has improved the quality of marketing by encouraging businesses to use data responsibly and with clear intent.

The key lies in the first principle: lawfulness, fairness, and transparency. If the data is collected and stored legally, and used with the correct intent, there are no compliance concerns.

For instance, at Saint Global, when we work with leads in the construction sector, we ensure outreach is aligned with their professional interests. If you’re reaching out to prospects with the intent of selling, supplying, specifying, or servicing within the sector, your actions are GDPR-compliant. However, using the same data to market unrelated products, like beauty supplies or second-hand cars, would breach GDPR guidelines.

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How Emails Can Be GDPR-Compliant

GDPR isn’t just about data collection—it’s also about how you communicate. One critical element is ensuring email communication is transparent and respects the recipient’s freedom of choice.

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The rules for B2C and B2B are different and it is important you know what they are:

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B2C, it is best to act on basis that direct consent is required for emails and phone calls. In regards to letters, outreach is allowed but protecting the data/identity of the individual should be a priority.

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B2B marketing is generally allowed, if you meet the LIA requirements and are not spamming individuals (emailing or calling corporate users then it will be ok. All calls should be screen against the TPS/CTPS list to ensure they have not opted out of marketing calls.

Ensuring GDPR Compliance in Third-Party Data Use

When working with data collected by third parties, such as high-value commercial construction client databases, GDPR compliance is equally important. We follow stringent guidelines to ensure the data is used responsibly and only for the intended purpose.

As stated in the terms of many reputable data providers:
“Third parties are contractually bound only to use personal information to perform the services they are hired to provide.”

Think of it like hiring a subcontractor for your building company. While they aren’t directly employed by you, they are expected to adhere to your standards and act as an extension of your business.

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Telephone Communication

To comply with regulations we would recommend screening all numbers against the CTPS/TPS registers unless explicit marketing consent is obtained. If you receive any Opt-outs these have to be promptly added to your do-not-contact list. During calls, you should be clearly stating your company’s name, provide your contact number if requested and clearly state the purpose of the call, giving the contact the option to terminate the call.

You need to always provide your company’s contact details upon request, ensuring transparency and accessibility. These procedures ensure compliance, respect individuals’ preferences, and maintain transparency, fostering trust with our audience.

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Physical Letters

When sending letters via post although consent is not required, it is best practice to establish a lawful basis for using an individual’s personal data, particularly when including their name on a letter or flyer.

To maintain personalisation within regulatory boundaries, include the individual’s address on the envelope and their full name within the letter. This approach ensures compliance, protects individuals’ privacy, and maintains the integrity of our communication efforts.

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Legitimate Interests Assessment (LIA)

Legitimate interests are one of six lawful bases in the GDPR on which organisations can base their use of personal data. Legitimate interest is the most flexible lawful basis but includes an extra responsibility to protect an individual’s rights and interests in a legitimate interest assessment.

There is no obligation in the UK GDPR to do an LIA, but it is best to follow its principles otherwise it will be difficult to meet our obligations under the accountability principle without it.

Working towards the Legitimate Interests Assessment (LIA) to meet your obligations under the accountability principle. We would also recommend adding this into your privacy policy.

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Remaining Complaint

Saint Global is dedicated to upholding the highest standards of compliance with all pertinent data laws and regulations governing the handling, processing, and storage of data across various services. Saint Global adheres to GDPR regulations while offering Business Intelligence Services, Email Campaigns, and Lead Generation Services.

This commitment is reflected in the comprehensive measures and practices outlined in this document, which have been meticulously implemented to ensure ongoing adherence to these laws. By prioritising compliance and implementing robust safeguards, we aim to instil confidence in our clients regarding the responsible management of data and the protection of privacy rights.

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Conclusion

GDPR compliance doesn’t have to be intimidating. While it’s crucial to handle data responsibly, it doesn’t mean halting all marketing activities. In fact, GDPR encourages better practices, ensuring data is used transparently and with respect for the individuals involved.

At Saint Global, we ensure that our processes, including outreach and lead generation, fully comply with GDPR requirements. Whether you’re engaging with new leads or nurturing long-term relationships, you can trust that our approach prioritises compliance, transparency, and professionalism.

If you’d like to discuss how GDPR compliance fits into your marketing strategy or learn more about our tailored solutions for the construction and built environment sectors, let’s connect.

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Saint Global is the UK’s Leading Business Development Agency, specialising in the construction industry. Our solutions are tailored to develop, improve and support the construction and built environment.

This guide sets out the methods our Business Development team uses to reach your customers and how we meet our Data Protection and GDPR obligations.

If you have any questions regarding the information in this document or our Business Development Service please email Hello@SaintGlobal.co.uk.

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Q1: Does GDPR mean I can't do any marketing or lead generation in the construction industry?

A: No, not at all! GDPR focuses on responsible data handling. You can still engage in marketing and lead generation, provided you adhere to principles like lawfulness, fairness, and transparency. Ensure you're using data for its intended purpose (e.g., project proposals, service delivery) and obtain consent where necessary, especially for B2C interactions.

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Q2: What is a Legitimate Interests Assessment (LIA), and why is it important for construction businesses?

A: A Legitimate Interests Assessment (LIA) helps you balance your business interests with individuals' rights when processing personal data. It's crucial for demonstrating accountability and ensuring compliance, especially when relying on legitimate interest as your lawful basis for data processing in B2B marketing within the construction sector.

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Q3: How do I ensure my email marketing campaigns are GDPR-compliant when targeting construction professionals?

A: For B2B, ensure emails are relevant to professional roles. Provide clear opt-out options, and maintain accurate records of consent (where applicable). For B2C, explicit consent is required. When using third-party data, verify the provider's compliance and ensure data is used only for agreed purposes.

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Q4: What are the rules for using telephone and postal outreach in the construction sector under GDPR?

A: Screen phone numbers against the TPS/CTPS registers to avoid unsolicited calls. Promptly honour opt-out requests, clearly state your company's identity and the call's purpose. For B2C, you cannot call without explicit consent. For postal outreach, while consent isn't always required, establish a lawful basis for using personal data, particularly when including names.

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Q5: We use third-party databases for lead generation. What steps should we take to ensure GDPR compliance?

A: Verify that the third-party provider complies with GDPR. Ensure they contractually bind their users to use data only for agreed services. Treat them as an extension of your business and conduct due diligence to ensure they meet the same compliance standards you uphold. For 100% compliance, carry out a double opt-in procedure were your contacts have to opt in to receive your marketing going forward. This is also done to keep marketing list high value for contacts that are interested in your services.

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