Customer data is all information about customers that a company processes in the course of the business relationship, and it is personal data insofar as it relates to natural persons.
Which data is meant?
This includes master data such as name and address, contact and contract data, order and payment history and the content of communications. The data of contact persons at business customers is also personal data.
Legal bases and marketing
For handling contracts, the performance of the contract is the relevant legal basis; for keeping invoices, it is the statutory retention obligations under commercial and tax law.
Under Section 7 UWG, email marketing generally requires consent. An exception applies to existing customers for marketing of the company's own similar goods or services if the conditions of Section 7(3) UWG are met.
Legal provisions
- Art. 6(1)(b) GDPR
- Processing for the performance of a contract.
- Art. 6(1)(c) GDPR
- Processing for compliance with legal obligations, for example retention.
- Section 7 UWG
- Unacceptable nuisance, consent and the existing customer exception.