Buying a URL, Website and Mailing list - GDPR?
Discussion
Morning,
Just wondering whether anybody here can shed some light...
Been considering buying a small competitor, however I have decided against buying the corporate entity and just looking to buy some of the business assets. In a nut shell the deal would be very small thus not worth spending money on legals/due diligence to take on the unknown liabilities of the Ltd company.
So, was just looking to purchase the stock, URL, Website and mailing list (all in mailchimp). The website can be absorbed into my existing tech and the business can run alongside mine with minimal effort.
However, my question relates to the mailing list and GDPR etc. Ultimately the vast majority of the business comes from emails sent out of their Mailchimp account - without this list or access to the Mailchimp account its not worth buying the website.
If I just buy the assets and not the Ltd company, am I able to use the Mailchimp list with the existing URL under my new ownership - or would I have to inform the subscribers of the change of ownership and let them opt in again etc.
Cheers,
Russ
Just wondering whether anybody here can shed some light...
Been considering buying a small competitor, however I have decided against buying the corporate entity and just looking to buy some of the business assets. In a nut shell the deal would be very small thus not worth spending money on legals/due diligence to take on the unknown liabilities of the Ltd company.
So, was just looking to purchase the stock, URL, Website and mailing list (all in mailchimp). The website can be absorbed into my existing tech and the business can run alongside mine with minimal effort.
However, my question relates to the mailing list and GDPR etc. Ultimately the vast majority of the business comes from emails sent out of their Mailchimp account - without this list or access to the Mailchimp account its not worth buying the website.
If I just buy the assets and not the Ltd company, am I able to use the Mailchimp list with the existing URL under my new ownership - or would I have to inform the subscribers of the change of ownership and let them opt in again etc.
Cheers,
Russ
B2B or B2C?
I believe that if B2B then you shouldn't have any issue.
If B2C then I think the existing company will need to inform those on the mailing list what's happening and give them the option to unsubscribe and sell you a list of people who have agreed to remain on the database. I'm pretty certain you can't do this after the sale.
If you purchase the company then the right to use the existing database is transferred lock-stock.
I believe that if B2B then you shouldn't have any issue.
If B2C then I think the existing company will need to inform those on the mailing list what's happening and give them the option to unsubscribe and sell you a list of people who have agreed to remain on the database. I'm pretty certain you can't do this after the sale.
If you purchase the company then the right to use the existing database is transferred lock-stock.
StevieBee said:
B2B or B2C?
I believe that if B2B then you shouldn't have any issue.
If B2C then I think the existing company will need to inform those on the mailing list what's happening and give them the option to unsubscribe and sell you a list of people who have agreed to remain on the database. I'm pretty certain you can't do this after the sale.
If you purchase the company then the right to use the existing database is transferred lock-stock.
B2C. Yes I figured that buying the company is the best way in this regard as its simply a change of shareholders and the consumers would be unaware. I believe that if B2B then you shouldn't have any issue.
If B2C then I think the existing company will need to inform those on the mailing list what's happening and give them the option to unsubscribe and sell you a list of people who have agreed to remain on the database. I'm pretty certain you can't do this after the sale.
If you purchase the company then the right to use the existing database is transferred lock-stock.
I'll continue to look into it further but what you say sounds similar to what Id expect.
StevieBee said:
B2B or B2C?
I believe that if B2B then you shouldn't have any issue.
If B2C then I think the existing company will need to inform those on the mailing list what's happening and give them the option to unsubscribe and sell you a list of people who have agreed to remain on the database. I'm pretty certain you can't do this after the sale.
If you purchase the company then the right to use the existing database is transferred lock-stock.
This is incorrect advice. You need consent from a consumer to process their data - you can't get that by buying the data from another entity unless they contact everyone and ask them if they want to be contacted by you. And I doubt many will bother.I believe that if B2B then you shouldn't have any issue.
If B2C then I think the existing company will need to inform those on the mailing list what's happening and give them the option to unsubscribe and sell you a list of people who have agreed to remain on the database. I'm pretty certain you can't do this after the sale.
If you purchase the company then the right to use the existing database is transferred lock-stock.
Run, don't walk, away from this idea.
Cyberprog said:
StevieBee said:
B2B or B2C?
I believe that if B2B then you shouldn't have any issue.
If B2C then I think the existing company will need to inform those on the mailing list what's happening and give them the option to unsubscribe and sell you a list of people who have agreed to remain on the database. I'm pretty certain you can't do this after the sale.
If you purchase the company then the right to use the existing database is transferred lock-stock.
This is incorrect advice. You need consent from a consumer to process their data - you can't get that by buying the data from another entity unless they contact everyone and ask them if they want to be contacted by you. And I doubt many will bother.I believe that if B2B then you shouldn't have any issue.
If B2C then I think the existing company will need to inform those on the mailing list what's happening and give them the option to unsubscribe and sell you a list of people who have agreed to remain on the database. I'm pretty certain you can't do this after the sale.
If you purchase the company then the right to use the existing database is transferred lock-stock.
Unless you are are referring to the purchase of the company, not just the database. If so, I'd be interested to know how the transfer of business ownership would exclude a database of customers when that database is integral to the company being acquired.
StevieBee said:
Cyberprog said:
StevieBee said:
B2B or B2C?
I believe that if B2B then you shouldn't have any issue.
If B2C then I think the existing company will need to inform those on the mailing list what's happening and give them the option to unsubscribe and sell you a list of people who have agreed to remain on the database. I'm pretty certain you can't do this after the sale.
If you purchase the company then the right to use the existing database is transferred lock-stock.
This is incorrect advice. You need consent from a consumer to process their data - you can't get that by buying the data from another entity unless they contact everyone and ask them if they want to be contacted by you. And I doubt many will bother.I believe that if B2B then you shouldn't have any issue.
If B2C then I think the existing company will need to inform those on the mailing list what's happening and give them the option to unsubscribe and sell you a list of people who have agreed to remain on the database. I'm pretty certain you can't do this after the sale.
If you purchase the company then the right to use the existing database is transferred lock-stock.
Unless you are are referring to the purchase of the company, not just the database. If so, I'd be interested to know how the transfer of business ownership would exclude a database of customers when that database is integral to the company being acquired.
It was the bit above that which was incorrect - in bold for clarity.Gassing Station | Business | Top of Page | What's New | My Stuff