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GDPR Text Marketing Impact

Tagged with gdpr, ico, data, textmarketing, sms, free, freeadvice, bulksms, gdprtemplate
by Adam Brogden
in Blog

24-Jan-2018 13:12

The General Data Protection Regulations will impact every company, whether you send emails, SMS, leaflets or make calls GDPR regulations will apply and failure to adopt GDPR principles could be catastrophic. However there is a huge potential benefit.

Text marketing companies often feature in ICO enforcement action – their fine is usually based their inability to prove that they had consent. Text marketers would often claim they had a ‘soft opt-in’ and that they had all the information they required to prove consent. Unfortunately that was often not the case and they were subject to enforcement action and fines.

Under GDPR the situation is much clearer. The need to have consent or legitimate interest is better defined; the content of the privacy statement much clearer; and the application of PECR seems more obvious. I am sure there are complexities to be discussed and scenarios that don’t quite make sense but overall the consent requirements are pretty clear.

Potentially more importantly is the opportunity for the marketer to demonstrate compliance, less room for regulators to issue enforcement notices based on ‘balance of probability’. Marketing companies should be able to prove without doubt that they have met the GDPR and their campaigns are legal. Management of consent, genuine opt-ins, carefully written privacy statements, and respect for your data subject is the key. New products and services like Optindigo can help but the onus is always on the companies involved.

Maybe GDPR will actually increase marketing activity and improve response rates, ROI, and profits. Who’d of thought it?