GDPR & Sales Navigator - Clear as Mud?

I am not a GDPR lawyer. I am writing this as I interpret things as a layperson. This post is focussing on LinkedIn specifically, based on its update to its terms of use, which is being driven by the new GDPR legislation.

If you don’t know about GDPR, especially if you are in the EU, work in Sales, Marketing or on the board, then good luck.

A few of our clients and specifically those that have invested in Sales Navigator are now asking if they will be compliant in how they use the data it surfaces. 

This blog is based on my interpretation of the latest update AND assuming that all actions are taken within either, LinkedIn.com OR Sales Navigator & PointDrive.

Sales Navigator is the premium sales tool of LinkedIn. It is an extension of your CRM system and gives you access to all 546 million members.

You can save an Account, eg LinkedIn to follow all of the corporate content and press mentions 

No issues here, no different to google alerts or an RSS feed.

You can save a Lead. ie a Member profile on LinkedIn. This will then “follow” them and you can see when they like, comment, share, connect or publish content. You don't need to be connected in order to do this.

Very useful insight, data and sales triggers for both Sales & Marketing to be acted on. One can say this is no different to what you see in Linkedin.com . Just with structure. Yes and No. Yes, you sign up to Linkedin's user agreement, basically signing your rights away while you are on the platform. No, in that you do not be connected and can access anyone on the platform with Sales Navigator.

Clause 2.5 of their User Agreement

There are specifics under their terms specifically for Sales Solutions products (Sales Navigator & PointDrive)

Is the first bullet point referring to how LinkedIn will use the data of the licence holder, or is it referring to data collection of the members of LinkedIn through its sales solutions products? I believe it is the licence holder.

It gets even clearer when you read the LinkedIn Data Processing agreement

I have read this a number times and this is referring to how LinkedIn will use your data as a licence holder of Sales Navigator user, rather than how the data of its members is processed through Sales Navigator (happy to be corrected!)

So again, for me, not clear on whether a member has given permission for a Sales Navigator licence to track them in the way it does.

Interestingly, they make reference to using data in 3rd Party applications - this will be mainly through their CRM sync, which is a massively useful feature. ATS is an applicant tracking system in recruitment.

In short, you take data out of LinkedIn, you are now responsible for it with the 3rd party data processor - makes sense.

PointDrive, now this is another interesting one. For those of you who don’t know what PointDrive is, then watch my video here.

In short, you get a notification every time someone opens and reads PointDrive, be it a pitch, proposal or marketing material and what assets they are looking at - or not. Incredibly useful tool.

Again this is very specific to the member, but does this mean, have they given you permission to do this. In short, yes.

Premium Services

So, unless you opt-out - you are fair game as far as I can understand. However, it is still not that clear as to what you are opting out of :

Looking at Learn more

This, however, seems to refer to how your data is used via 3rd Party applications, not LinkedIn ones such as Sales Navigator. I believe this will be dictated by your personal privacy settings.

You can, of course, make yourself as public or private as you want, but, as with all social platforms, the more private you make yourself, the user experience gets worse & worse - which defeats the point of being on a social platform in the first place.

In summary, my take on all of this is that it is up to the members to decide on how they want their data, interactions, comments, shares, posts & likes viewed and by whom.

For organisations that use Sales Navigator, it comes down to, HOW you engage with your customers or targets, based on your understanding of their behaviours surfaced either on LinkedIn, Sales Navigator or PointDrive.

This is unprecedented change for sales & marketing in the 21st Century not only from a legal standpoint but also a technology one. And I for one am really looking forward to it

NOTE - I AM NOT A LAWYER. THIS IS NOT LEGAL OPINION AND SHOULD NOT BE USED AS SUCH.