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?