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GDPR Sending Messages To Customers

Tagged with GDPR HELP, GDPR ADVICE, GDPR
by Adam Brogden
in Blog

27-Jun-2019 11:19

This is a pretty stark warning from the ICO about sending emails and text messages to your customers. Take a look at the following from the ICO website.

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The ICO has fined EE £100,000 for sending over 2.5 million direct marketing messages to its customers, without consent. The messages, sent in early 2018, encouraged customers to access and use the ‘My EE’ app to manage their account and also to upgrade their phone; a second batch of messages were sent to customers who had not engaged with the first.

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The ICO’s guidance on electronic marketing is clear that marketing messages can only be sent to existing customers if they have given their consent and if they are given a simple way to opt out of marketing when their details are first collected and in every message sent. The term ‘soft opt-in’ is sometimes used to describe the rule about existing customers. The idea is that if an individual bought something from you recently, gave you their details, and did not opt out of marketing messages, they are probably happy to receive marketing from you about similar products or services even if they haven’t specifically consented. However, you must have given them a clear chance to opt out – both when you first collected their details, and in every message you send.

The soft opt-in rule means you may be able to email or text your own customers, but it does not apply to prospective customers or new contacts (eg from bought-in lists).

People have a right to opt out of receiving marketing at any time, at which point it’s the organisation’s responsibility to stop sending them.

If you need more info please call us.

Good luck all.