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In the US, look up TCPA. I think marketing thru emails had led and gotten way out of hands so the rules and regulations are a lot more prepared this time to address phone marketing. On the other front though there are a lot more technologies for real-time opt-in tracking. The fine is hefty, I think that's why...

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  • 10 months later...

Unless you have explicit permission from your customer you could now run into a lot of problems doing this due to GDPR.

Do you need consent to send unsolicited marketing material to your customers after GDPR? simple answer is YES!

But most marketing company's will tell you "Not necessarily". The two lawful bases for communication which they think most private companies’ data processing activity will fall under are consent and legitimate interests.

for example, sending an sms/email newsletter to an existing customer – needs to stack up against three questions:

Do you have a legitimate interest for sending this message? This can include your own need to cross-sell other products / services or promote wider use of an already purchased item, for example

Do you need to send the message in order to achieve those interests? If you could reasonably achieve the same result through other, less intrusive means (such as unprompted visits to your website), legitimate interests do not apply

Have you balanced the act of sending the message against the individual’s interests, rights and freedoms? This comes back to the early statement about reasonable expectations on their part.

Many marketing company's are telling people its fine to carry on as before!! Do you want to risk a large fine? As it will  be you the businesses owner that has to pay it.

 

So get legal advise first and don't simply rely on the marketing hype.

 

 

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  • 5 weeks later...
On 7/27/2018 at 2:59 AM, JcMagpie said:

Unless you have explicit permission from your customer you could now run into a lot of problems doing this due to GDPR.

Do you need consent to send unsolicited marketing material to your customers after GDPR? simple answer is YES!

But most marketing company's will tell you "Not necessarily". The two lawful bases for communication which they think most private companies’ data processing activity will fall under are consent and legitimate interests.

for example, sending an sms/email newsletter to an existing customer – needs to stack up against three questions:

Do you have a legitimate interest for sending this message? This can include your own need to cross-sell other products / services or promote wider use of an already purchased item, for example

Do you need to send the message in order to achieve those interests? If you could reasonably achieve the same result through other, less intrusive means (such as unprompted visits to your website), legitimate interests do not apply

Have you balanced the act of sending the message against the individual’s interests, rights and freedoms? This comes back to the early statement about reasonable expectations on their part.

Many marketing company's are telling people its fine to carry on as before!! Do you want to risk a large fine? As it will  be you the businesses owner that has to pay it.

 

So get legal advise first and don't simply rely on the marketing hype.

 

This is a very informative post. Thank you! I've been experimenting with products from Twilio to cell-phone-list.net with mixed results, but now I have some homework to do regarding some rules and regulations that I wasn't aware of.

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