Scraping Google Maps to build B2B prospecting files raises numerous legal questions among entrepreneurs and marketing managers. Is it legal? What are the risks? How to comply with GDPR? These questions are legitimate, especially since data protection sanctions can have serious consequences for a business.

European data protection regulation has considerably modified marketing practices since 2018. Many companies have developed a cautious, sometimes excessive approach, for fear of sanctions. This timidity is understandable, but it shouldn't paralyse legitimate commercial actions.

Reality is more nuanced than alarmist discourse suggests. Public data scraping can be perfectly legal, provided certain rules and best practices are respected. Google Maps, as a public service accessible to all, contains millions of information pieces about UK and European businesses. This data, when public, can be collected and used for commercial prospecting, within a precise legal framework.

This article aims to demystify the legal framework applicable to Google Maps scraping and give you keys to conduct your prospecting actions with complete confidence. We'll address technical, legal and practical aspects to enable you to legally build your B2B prospecting files, while respecting people's rights and GDPR requirements.

Is Public Data Scraping Legal?

The Principle of Free Access to Public Data

Public data scraping rests on a fundamental principle: freedom of access to public information. Data displayed publicly on the internet, notably business information present on Google Maps, is considered accessible to all. This accessibility doesn't mean all usage is authorised, but it establishes a solid legal basis for collection.

In the UK, data protection principles have reinforced this concept by facilitating access to public data. Information about businesses (company name, address, business sector) largely falls under the public domain, especially when already registered with Companies House.

European Jurisprudence Clarifies the Debate

The European Court of Justice has ruled several times on web scraping. The 2019 ruling in GC and others v CNIL established that collecting public data doesn't necessarily constitute a GDPR violation, provided this collection respects certain conditions.

The Court notably specified that data made public by their holders can be collected and processed, subject to respecting the rights of concerned persons and legitimate processing purposes. This jurisprudence offers a reassuring framework for companies wishing to use scraping for commercial purposes.

Public Data vs Private Data: An Essential Distinction

Not all data present on Google Maps is equal before the law. Several categories must be distinguished:

Strictly public business data: company name, registered office address, business sector, main telephone number. This information is generally freely accessible and its collection poses few legal problems.

Personal data made public: manager name, personal email, direct telephone. Although public, this data remains personal data under GDPR and requires particular precautions.

Private or sensitive data: detailed hours, specific financial data, employee information. This data requires particular attention and may necessitate explicit consent.

Terms of Use vs Right of Access

Google imposes terms of use for its services, including Google Maps. These conditions generally prohibit massive automated scraping. However, the legal validity of these prohibitions is debated, notably when it opposes the fundamental right of access to public information.

US jurisprudence, notably the hiQ Labs vs LinkedIn case, established that terms of use cannot prohibit access to public data when this access serves a legitimate interest. In Europe, this position tends to confirm, even if caution remains advisable.

GDPR Framework for Google Maps Scraping

Personal Data vs Business Data

GDPR applies only to personal data, meaning information that enables directly or indirectly identifying a natural person. This distinction is fundamental for understanding legal obligations linked to scraping.

Purely commercial information about a company (company name, registered office address, business sector, company number) is generally not considered personal data. However, the manager's name, professional email or direct telephone constitute personal data subject to GDPR.

This nuance allows legally scraping numerous business information pieces without particular GDPR constraints, while applying specific rules for associated personal data.

Applicable Legal Bases

When personal data is collected, a legal basis must be identified among the six provided by GDPR. For B2B prospecting via scraping, the most relevant legal basis is generally legitimate interest.

Legitimate interest allows processing personal data without consent, provided this interest is real, serious and doesn't disproportionately harm the rights of concerned persons. B2B commercial prospecting generally meets these criteria, especially when targeting data made public by companies themselves.

However, a proportionality test must be performed: the company's commercial interest must be balanced against the rights and freedoms of concerned persons. This test must be documented and justified.

Data Minimisation Principle

GDPR requires collecting only data necessary for the pursued purpose. For B2B prospecting, this means:

• Limiting collection to information directly useful for prospecting
• Avoiding collecting sensitive or excessive data
• Not storing information unrelated to commercial activity
• Regularly deleting obsolete data

In practice, for a B2B prospecting file, relevant data is generally limited to: company name, business sector, address, telephone, contact email, decision-maker name. Any additional element must be justified by real commercial need.

Rights of Concerned Persons

Even in case of legal collection, concerned persons retain their GDPR rights:

Right to information: people must be able to know their data is processed, by whom, and for what purpose. In practice, this information can be provided during first commercial contact.

Right of access: any person can ask what data you hold about them. You must be able to respond within one month.

Right of rectification: if data is inaccurate, the person can request correction.

Right to erasure: under certain conditions, the person can request deletion of their data.

Right to object: any person can oppose commercial prospecting. This opposition must be respected immediately.

B2B Prospecting: What the Law Says

B2B vs B2C Distinction

UK regulation establishes a clear distinction between B2B (business to business) and B2C (business to consumer) prospecting. This distinction is essential for understanding rules applicable to Google Maps scraping.

In B2C, email prospecting requires the recipient's prior consent (opt-in). This strict rule makes using scraped data to contact individuals very difficult.

In B2B, regulation is more flexible. Email prospecting is authorised without prior consent, provided certain conditions are respected: professional email address, relationship to recipient's activity, unsubscribe possibility, respect of TPS (Telephone Preference Service) opposition list.

Soft Opt-in for Professional Prospecting

"Soft opt-in" authorises email prospecting to professional addresses without prior consent, subject to several conditions:

• Email address must be professional (not personal address like Gmail, Yahoo, etc.)
• Message must relate to recipient's professional activity
• Each email must allow simple and free unsubscription
• Unsubscription requests must be respected immediately

This rule allows legally using scraped Google Maps data for B2B prospecting, provided you exclusively target professional addresses and respect mentioned conditions.

TPS (Telephone Preference Service) Opposition List

TPS is the telephone marketing opposition service. Although mainly concerning telephone, this opposition list also partially applies to email prospecting when targeting professionals at home or on personal lines.

Companies practising prospecting must consult TPS before any campaign and exclude numbers registered on this list. For Google Maps scraping, this mainly concerns collected telephone numbers.

Information Obligations

During first commercial contact, whether by email or telephone, several pieces of information must be provided:

• Identity of prospecting company
• Processing purpose (commercial prospecting)
• Processing legal basis (legitimate interest)
• Right to object and exercise methods
• Data controller coordinates

This information can be naturally integrated into the prospecting message or provided via a privacy policy link.

Google Maps Terms of Use

What Google Authorises and Prohibits

Google Maps terms of use are clear on certain points but leave grey areas on others. Google explicitly prohibits:

• Massive automated scraping of its services
• Using robots or scripts to collect data
• Reselling data collected on its platforms
• Commercial use of data without authorisation

However, Google generally tolerates manual consultation of its services and doesn't prevent commercial use of public information displayed there. The boundary between authorised and prohibited use remains unclear and largely depends on collection volume and method.

Reasonable Use vs Abusive Use

The notion of reasonable use is central to Google's approach. Reasonable use might include:

• Occasional manual information consultation
• Limited collection for legitimate commercial needs
• Respect for technical limits (no server overload)
• Non-direct competitive use with Google

Abusive use would include:

• Massive and repeated automated scraping
• Systematic collection of entire database
• Intensive use that could disrupt service
• Creating competing service based on Google data

Technical and Legal Limits

Google implements technical limits to prevent massive scraping: request rate limitation, automated behaviour detection, suspicious IP blocking. These technical limits also constitute indicators of what Google considers acceptable use.

From a legal standpoint, these technical limits don't have force of law, but they give indications about Google's policy and can influence legal appreciation of its services' use.

Official API vs Scraping

Google offers official APIs to access its data legally and controlled. The Places API notably enables accessing business information in structured and authorised manner.

Official API advantages:

• Usage legally authorised by Google
• Structured and reliable data
• Available technical support
• Automatic respect for usage limits

Disadvantages:

• High cost for large volumes
• Limitations on accessible data types
• Strict quotas on request numbers
• Technical dependence on Google

Scraping presents opposite advantages: low cost, maximum flexibility, but higher legal and technical risks.

Best Practices to Remain Compliant

Respecting Reasonable Volumes

The first rule for legal scraping is staying within reasonable volumes. No precise legal threshold exists, but some principles can guide this evaluation:

• Limit collection to your real commercial needs
• Avoid systematic and exhaustive collection
• Space requests to avoid overloading servers
• Use tools respectful of robots.txt

In practice, for an SME, a file of several thousand contacts collected progressively remains in an acceptable risk zone. For larger volumes, official API use becomes recommended.

Informing Concerned Persons

Although law doesn't require prior information of persons whose data is collected (when this data is public), it's recommended to do so during first commercial contact.

This information can take the form of a paragraph in your prospecting email or link to your privacy policy. It must mention:

• Data collection source (Google Maps)
• Processing purpose (commercial prospecting)
• Person's rights (objection, access, rectification)
• Exercise methods for these rights

Right of Rectification and Erasure

You must be able to respond to rectification and erasure requests. This implies:

• Maintaining organised and accessible file
• Implementing request processing procedures
• Responding within legal deadlines (1 month maximum)
• Training teams on these procedures

In practice, these requests remain rare in B2B prospecting, but you must be able to respond efficiently.

Limited Data Conservation

GDPR requires keeping data only for time necessary for pursued purpose. For B2B prospecting, this duration can vary according to your sales cycle:

• 3 years maximum for inactive prospects
• Immediate deletion in case of objection
• Archiving or deletion of obsolete data
• Regular database review

File Security

Collected data must be protected against unauthorised access. This includes:

• Secure storage (protected servers, limited access)
• Sensitive data encryption
• Regular and secure backups
• Team training on security best practices

Managing People's Rights

Right of Access and Rectification

Any person can request to know data you hold about them and request rectification if inaccurate. To properly manage these requests:

Access procedure:

• Verify requester identity
• Provide data copy within one month
• Explain data source and use
• Mention person's rights

Rectification procedure:

• Verify request and supporting documents
• Correct data in all your files
• Inform person of corrections made
• Update sources if necessary

Right to Erasure ("Right to be Forgotten")

Right to erasure isn't absolute in B2B prospecting matters, but must be respected in certain cases:

• Person's explicit objection
• Illegally collected data
• Processing purpose expired
• Justified person request

Deletion must be effective in all your systems and files, including recoverable backups.

Right to Object to Prospecting

Right to object to commercial prospecting is an absolute right. Any person can object without justification, and this objection must be respected immediately and definitively.

Practical methods:

• Unsubscribe link in each email
• Simple and free procedure
• Immediate processing (less than 48h)
• Removal from all prospecting files
• Sales team training

Warning: objection generally applies only to prospecting. It doesn't necessarily apply to customer relationship management if the person becomes customer subsequently.

Practical Procedures to Implement

Request register: keep a register of all rights exercise requests with reception and processing dates.

Team training: your sales and marketing teams must know these procedures and know how to react correctly to requests.

Technical tools: use CRM tools that enable easily managing these rights (objection marking, request history, etc.).

Documentation: keep trace of your procedures and their application to demonstrate compliance in case of audit.

Legal Errors to Absolutely Avoid

Abusive Use of Personal Data

The gravest error consists of processing collected personal data beyond declared purpose. If you collect data for B2B prospecting, you cannot:

• Resell them to third parties without consent
• Use them for B2C prospecting
• Transmit them to commercial partners
• Use them for other commercial purposes

Each different use requires its own legal basis and, often, specific information to concerned persons.

Non-respect of Right to Object

Ignoring or poorly handling objection requests is a serious fault that can lead to significant sanctions. Classic errors:

• Continuing to prospect after objection
• Making unsubscription complex or paid
• Not transmitting objection to all teams
• Delaying request processing

Right to object must be respected immediately and without conditions.

Excessive Data Conservation

Keeping data beyond necessary duration constitutes a violation of conservation limitation principle. Risks:

• ICO sanctions in case of audit
• Increased security risks (hacking, leak)
• Unnecessary storage costs
• Rights management complexification

Implement automatic purge procedures for your files.

Data Resale Without Consent

Reselling or exchanging prospecting files without explicit consent from concerned persons is strictly prohibited. This practice, still common in certain sectors, exposes to severe sanctions.

If you wish to share data with partners, you must:

• Obtain explicit consent from persons
• Clearly inform about this purpose
• Allow objection to this sharing
• Verify partner's GDPR compliance

Practical Recommendations

Compliance Checklist

Before launching a Google Maps scraping project, check these points:

Legal aspects: □ Clear and legitimate collection purpose □ Identified legal basis (legitimate interest for B2B) □ Reasonable and justified volumes □ People's rights management procedures □ Person information during first contact

Technical aspects: □ Tools respectful of target servers □ Volume and frequency limitations □ Collected data security □ Backup and deletion procedures □ Procedure functionality tests

Organisational aspects: □ Team training □ Procedure documentation □ Responsible person designation □ Performance and compliance monitoring

Documentation to Keep

GDPR compliance requires documenting your processing. Keep:

• Processing register: description of your scraping and prospecting activities
• Impact analyses: risk assessment for people's rights
• Internal procedures: rights management, security, conservation
• Compliance evidence: training, audits, corrections made
• Correspondence: people's requests and your responses

This documentation will be your best defence in case of ICO audit.

Compliance Implementation Process

Phase 1 - Existing audit (2 weeks)

• Inventory of held data
• Collection source analysis
• Non-compliance identification
• Risk assessment

Phase 2 - Technical compliance (4 weeks)

• File security
• Rights procedure implementation
• Team training
• Procedure testing

Phase 3 - Documentation and monitoring (2 weeks)

• Processing register writing
• Procedure documentation
• Compliance monitoring implementation
• Team continuous training

Team Training

GDPR compliance isn't just a technical or legal matter, it's also human. Your teams must understand:

For marketing team:

• Data collection and usage rules
• Information obligations
• Opposition list management
• Prospecting best practices

For sales team:

• Rights request processing
• Objection procedures
• Prospect information
• Data updating

For technical team:

• Data security
• Backup procedures
• Access management
• Compliance tools

Conclusion

Google Maps scraping for B2B prospecting isn't prohibited, but requires respecting a precise legal framework. Companies that take time to understand these rules and apply them correctly can develop their commercial actions with complete confidence.

Three essential points to remember:

Scraping legality depends mainly on collected data's public character and usage made of it. B2B prospecting benefits from favourable legal framework, provided professional addresses are targeted and people's rights respected.

GDPR compliance is obtained through methodical approach: legal basis identification, people's rights respect, collection limitation to real needs, data security and procedure documentation.

Best practices minimise risks: reasonable volumes, respectful tools, clear procedures, team training and continuous legal monitoring.

Google Maps scraping remains one of the most effective means to build qualified B2B prospecting files. Companies mastering this process within legal framework maintain significant competitive advantage over those prohibiting these practices through excessive caution.