Tools and providers
Prospecting software: when network surveys become marketing
Prospecting software in lead networks: apply PECR’s purpose test to research invites, with a worked example, survey set-up table and five-step checklist.
What to take away
- Contacting people to conduct genuine market research is not direct marketing.
- For a lead-generation network using prospecting software, the purpose of the invite—not the tool—determines whether it is research or direct marketing.
- The same invite becomes direct marketing if it includes promotional material, or if the research feeds a later sales approach to the people involved.
- The tool does not decide this. A survey tool and a panel can both carry compliant or non-compliant invites.
- Role-based addresses count. PECR rules apply even if you only hold a generic address.
- Write the research purpose down before the first invite goes out.
When does lead-network research become direct marketing?
Contacting people to conduct genuine market research is not direct marketing. For a lead-generation network using prospecting software, the line moves when the invite carries promotional material. If the research is ultimately carried out for you or others to send direct marketing to the people involved, it is direct marketing.
This is sometimes called sugging, selling under the guise of research. The ICO describes it on its page on how to identify direct marketing.
The Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) define direct marketing as the communication, by whatever means, of advertising or marketing material directed to particular individuals. Prospect research sits close to that line, because the list of invitees is also a list of prospects. The purpose test is the one to apply.
A neutral invite might read: “We are researching how businesses choose a lead-generation marketplace. Would you take part in a survey? Your answers will not be used to contact you about services.” This is a research-only example if that statement matches the actual purpose.
If the network plans to use responses to identify respondents for sales calls or offers, the research is being used for later direct marketing, even if the invite itself contains no pitch. The stated purpose and actual use must match.
How do survey tools and panels affect a lead network's PECR position?
Both routes can carry a compliant invite. For a lead network commissioning research, what changes is who sends it and who holds the contact details. The table covers five common set-ups.
| Set-up | Route | Likely status | What to record |
|---|---|---|---|
| Neutral questions to your own customer list, no offer | Survey tool | Genuine research, if the purpose is research | Purpose note, list source |
| Invite with a product pitch or discount code | Survey tool | Direct marketing | Consent or soft opt-in basis |
| Answers used to build a call list of respondents | Either | Direct marketing | Basis for the later contact |
| Provider recruits respondents and returns answers only | Panel | Research, if you hold no contact details | Provider's written confirmation |
| Survey link posted on your own channel | Survey tool | Outside electronic mail rules, not private messages | Privacy notice on the survey |
The first three rows follow from the research test above. Row four depends on what the provider tells you in writing, so ask for it. Row five depends on the channel. Electronic mail rules cover messages stored for a specific recipient, such as email, text, in-app and direct messages. They do not cover public posts or display adverts.
The survey tools article covers fieldwork features. Here the question is the status of the invite.
When the invite is marketing, which PECR rules apply?
Electronic mail marketing is solicited when someone specifically asks you to send a particular message or type of information. All other electronic mail marketing is unsolicited. A survey invite sent to someone who did not ask for it is unsolicited.
The rules differ by subscriber type. Individual subscribers are people, sole traders and ordinary partnerships. Corporate subscribers are organisations with their own legal personality, such as limited companies, LLPs and Scottish partnerships. The ICO sets out the split in its guide to key concepts for electronic mail.
Service messages are different. Messages sent purely for administrative or customer service purposes do not count as direct marketing, but adding marketing material changes that. A reminder to finish a survey the person already started can be administrative. A reminder that adds an offer is not.
Where you use personal information, data protection obligations under UK GDPR and the Data Protection Act 2018 also apply. Keep a privacy notice on the survey and a retention date for the answers.
Which five steps keep a prospect survey clean?
- Write the purpose in one sentencewhich decision will the answers support?
- List the invitees and their source. Mark each as customer, prospect or provider-supplied.
- Strip promotional content from the invite and from the survey page.
- Decide what happens to the contact details after the survey. If the answer is "sales follow-up", the invite is marketing.
- Record the basis for each invitee, and keep the record with the survey file.
The audience research guide covers sample design, and customer interviews cover the qualitative follow-up. Check any panel or survey supplier with the vendor due diligence questions before you share data.
How does this fit lead-generation networks?
Networks and marketplaces sell access to audiences, so research on a network's audience is tempting. Test a network's claims with a small survey, but keep the invite neutral and the purpose separate from any buying decision.
Use survey results to shape the brief you give a network. The benchmark research article shows how to compare results against outside studies, and the target audience article covers segment definitions.
Ask one question before every invite: would this message still be sent if no sale could follow?
Common questions
Is an invite to a survey always direct marketing?
No. Contacting people to conduct genuine market research is not direct marketing. It becomes direct marketing if it includes promotional material or the research is carried out to send direct marketing to those people.
Do role-based addresses fall outside PECR?
No. The rules apply even if you only hold a generic or role-based address. If you also use personal information, data protection law applies.
Can a panel provider remove the risk?
A provider can change who sends the invite and who holds the contact details. The purpose test still applies to the research you commission, so keep your purpose note and the provider's written confirmation together.
