Understanding the Schrems II decision on data privacy: check if you're compliant

At BNZSA, we make sure that our customers can rely on the fact that the data they receive from us will be 100% data privacy safe. Our legal team is always compliant with the latest decisions, the most recent of which is the Schrems II decision in the Court of the European Union, which relates to the transfer of data between the EU and the USA. 

What is the Schrems II decision? 

The Schrems II decision refers to the findings of the Court of the European Union (CJEU) in the case of Data Protection Commissioner v Facebook Ireland Limited, Maximilian Schrems (Case C-311/18), taken on 16 July 2020. It has significant consequences regarding the transfer of personal data between the EU and the USA. 

In this case, the court found that the Privacy Shield mechanism could not be a valid legal basis for the transfer of personal data between the EU and the USA, since the USA were not complying with the level of data privacy required by the EU’s General Data Protection Regulation, particularly regarding data access by public authorities.   

The decision clarifies the fact that data transfer to third countries requires their data protection safeguards to be essentially equivalent to those in force in the EU. Adapted Standard Contractual Clauses (SCCs) can be used as a relevant legal basis provided that the data exporter verifies that the third country rules respect these EU safeguards.  

What does it mean for your business?

Even though the decision was taken in July, we haven’t yet received a definitive piece of guidance on how companies should respond.

For now it’s still not totally clear, but in the next section we’ll explore some recommendations to ensure that you are compliant.

How can you ensure you are compliant? 

These tips are based on our summary of the guidance from the various authorities. You may need to take more specific actions based on your data privacy requirements but hopefully this is a good starting point:

Respecting the fundamental principles 

One of the pillars of the GDPR is to allow the data subject to know where their data is and how it is used. We take this very seriously and maintain a clear line of traceability for every single contact we engage with. 

Map out your data transfers

If your organization is making any international data transfers, you should take some time to map exactly which third countries are receiving your data. This will help you ensure compliance with the EDPB and GDPR requirements.

Adapt your contractual terms 

Review your Data Processing Agreements and Standard Contractual Clauses (SCCs) as the legal basis to transfer data to third countries. You may find you need to adapt them on a case by case basis based on your evaluation of the risk emanating from the data protection laws of the recipient country (as recommended by the EDPB and Article 46 of the GPDR).

Put the right technologies in place 

Work with your IT team to ensure you take the necessary data security measures for the transfer of data, such as encryption, anonymisation of data etc.

Providing high levels of transparency

When collecting and processing data, all prospects are clearly informed whether data will be transferred to a third party and to a third country. We secure their clear consent and explain the risks before proceeding with any such transfer. 

Next steps

It’s important to stay informed about what’s coming next. When the Commission issues their guidance on SCC, we’re expecting some updates on the responsibilities of data importers to inform exporters where public authorities request to access data, as well as further requirements on data security.

Do let us know if you have any specific doubts or questions that we might be able to help with.

AI in B2B lead generation: the search for intelligent life

Along with the Internet of Things, 3D printing, genetic engineering, quantum computing, and other nascent technologies, Artificial Intelligence (AI) is a cornerstone of the 4th Industrial Revolution. 

AI has evolved from the whimsical, yet engaging Cortana, virtual assistant to the Master Chief of the Halo Xbox gaming franchise of my youth, to be something far more real and indeed powerful. It’s touching all aspects of our business and personal lives from scientific and pharmaceutical discovery, enhancing manufacturing processes, to understanding financial risk and managing debt. Or as IBM puts it – "AI has moved from science fiction to business fact."

Much has been written and said in praise of AI and its myriad applications – and rightly so. But I want to explore if AI will revolutionise B2B sales, and is it ultimately a usurper of humankind in this space?

The evolution of sales

Data – its collection, storage, verification and classification – lies at the heart of B2B and B2C sales and marketing. Fundamental to the ultimate success of any campaign is the accuracy and richness of the data held on potential customers, with insights into their needs and intentions. In theory, this should enable agents to target their out-bound pitching far more accurately by tailoring propositions to a buyer’s needs – thus, improving campaign performance and delivering more personalised customer journeys and experiences.

Digital transformation has been on the agenda for B2B sales and marketers for decades – and has only been accelerated in recent months as a consequence of Covid-19. Firms reacting quickly to the “new normal” have had to identify new ways to communicate with customers and stakeholders – with the result of considerably boosting digitisation processes.

As a consequence of this acceleration, AI is fast underpinning companies’ CRM systems.

A hitherto dormant class outside of the lab, AI is rapidly emerging as a high growth and high value category with a number of potential applications in B2B sales.

AI can be used by sales leaders to forecast demand; to better understand customers through analytics; it can help agents focus on the best prospects; and automate routine sales activities like setting-up meetings.

AI solutions - fit for purpose, but is this enough?

There are many vendors and AI applications in the B2B sales space – which include analytics, lead generation and predictive scoring, chatbots, automation, Natural Language Processing (NLP), and account-based marketing (ABM). 

Analytics vendors like Qymatix and Zilliant help to deliver insights about customer’s likelihood to buy, and those who might defect. They may also identify cross- and up-selling opportunities, price intelligence and lead scoring.

WotNot is a chatbot that claims to be able to start the conversation with prospects, ask relevant questions, offer value, and deliver qualified leads to sales teams.

People.ai and Expert Systems use NLP technology to track prospects and customers across multiple accounts and ensure that the right contacts and activities are matched correctly in the CRM. 

Cognism is built to target customers and improve lead quality with real-time data, while Leadfeeder automatically scores leads and alerts agents when companies visit client websites. 

Affinity claims to be able to help agents identify prospects that are best suited to make the crucial introductions to infuencers and decision makers. And AI-powered ABM tools can help sales agents target the right prospect. 

And that’s only a quick taster of what’s out there.

OK. That’s a lot of great stuff that can only make the lives of sales and marketing a lot easier – and revenue officers a lot happier. Right? Maybe…

The human touch - the authentic and really intelligent bit

The key question for me is  – are these amazing technologies interoperable – or rather, does it all glue together? Can I get a fully joined-up AI solution from one vendor? Or at least – can easily integrate one or two and get the full value that I am looking for? It would seem not, and there isn’t a single overarching offering that truly answers all the needs of B2B sales teams today. 

That’s, of course, because the algorithms that power AI applications are only built for a single purpose. As yet, AI can’t multi-task. To put it another way, AI designed to beat Garry Kasparov at chess can’t do something a lot easier like play noughts and crosses.

Clearly there’s a need for varying degrees of customisation of ‘off-the-shelf’ solutions. But even with perfect customisation I passionately believe there is no digital solution that can fully replace people.

Simply, the two can and should co-exist.

My company BNZSA is a leading European marketing agency that specialises demand generation for some of the world’s most recognised IT brands. We have a team of more than 160 who are experts in delivering qualified, sales-ready leads. We invest heavily in our sales representatives who are all native language speakers and can deliver client campaigns in 14 languages across EMEA. We invest in technology too!

Our teams cannot succeed without state-of-the art technology to underpin, assist and enhance their human touch. But we always need to customise. For instance, we are building our own CRM platform because no CRM on the market allows us to capture the depth of data we need. Within the CRM is our customised AI – adapted from Expert Systems’ Cogito.

Cogito is made for text analysis and translation to speech. It was the best solution for our multi-lingual international team – but we did need to pop open the bonnet and make some tweaks to turbocharge the engine’s performance.

To be brutally honest, when we started on our AI vendor assessment, we found that all the solutions on the market fell short in one way or another.

What we learned

Happily, with a bit of work – the Pimp My Ride bit – we now have AI embedded into our CRM to really deliver tangible benefits. 

First and foremost, our AI ensures full regulatory and legal compliance around issues like GDPR. It also ensures the we operate to the highest ethical standards. Yes, ethical AI really is a reality.

At the same time, we are enriching the information we hold on contacts by dynamically searching for and feeding in public information – like companies’ financial statements, business development announcement and deal histories. This means that we know a contact who has recently made, say, a significant SAP investment isn’t a viable lead for a competitive Oracle solution.

Our AI enhances and speeds-up targeted client campaigns because its natural language capability is constantly gathering unstructured data from our campaign activity and turning it into useable insights.

This in turn improves campaign targeting and efficiency. That is to say that we can spend more time focussing our campaigns on buyers who are likely to be in market and less time manually processing data or even worse – using a campaign scatter gun approach.    

The human / AI interface also improves our overall offering to clients as what we learn in executing Campaign A continually improves the database thereby enriching Campaign B, C, D etc.

Well informed sales teams make for a better prospect experience, which in turn has the softer, but no less important consequence of maintaining and maybe enhancing client reputations – while quickly and effectively delivering qualified leads to in-house sales teams.

In conclusion

• AI vendors serving B2B sales and marketeers must practice what ‘we’ preach. Vendors need to be more responsive to our needs and provide us with rapid, low touch customisation.

• For AI in the B2B space to truly work, it’s essential to find the right blend of automisation and human intervention. One cannot cancel out the other. People and machines can and should co-create campaign success together.

• Never forget that people ultimately make it happen. Don’t over digitise at the expense of the human touch – however sentient our artificial friends become.