Problem with european distributor

mak69890025 · 2022-03-25T09:14:55.000Z

Hi, I cant seem to find a proper place to post so let me know a proper place.

We have a problem with a distributor contacting end clients directly and offering better prices. We tried to talk to them that the clients are ours, that they don’t have a right to contact them directly. They do not seem to understand that. We lose clients and profit because of that. So we are left with offering our clients a competitors antivirus solution or getting a new distributor that does not undermine us.

Where could we get help with that?

Kenny8416 · 2022-03-25T10:00:24.000Z

My first reaction would be to speak to your lawyers from a GDPR perspective. If they are contacting people who you have provided details of for one purpose and they are contacting them for a purpose not agreed to they will be in breach of GDPR and opening themselves up to a very large fine.

matt7863 · 2022-03-25T10:13:21.000Z

First I’d speak to ESET directly - I’ve found them an excellent company to deal with. Ask them if this is allowed. Point out you will not recommend or sell the product if upon renewal you are bypassed and undercut.

you say distributor - so what is the contractual arrangement - did you (your company) purchase the subscription? Or did you resell it?
If you bought it and are named on it then what they are doing is most likely breaking all sorts of European law, you are the customer not the end user, data protection/GDPR would mean they cannot misuse that info.
But check T&Cs because the end user may well be the subscriber and it may allow ESET partners/whoever to contact and sell direct if approved.

tjollimore · 2022-03-25T14:42:04.000Z

If it was North America, this is just a factor of business. The only recourse would be the options you mentioned, going with a different company. In time, most companies that do this end up having it come back to bite them later.