You’ve got spam!

/, Data Process, Marketing/You’ve got spam!

You’ve got spam!

Spam mail or text messages – the ones you don’t really want in your inbox – in fact, the ones that you didn’t CONSENT to receive.   Tricky ground for many companies in the wake of the GDPR, especially for those who haven’t yet started to work on their data protection compliance with the new legislation.

Consent or legitimate interest?

If you don’t know your consent from your legitimate interest when it comes to personal data processing, or worse still, you don’t really know about either, this could be bad news. Especially if your business relies on marketing activity to grow the business to consumers.

Individuals have the right to make a complaint to the ICO if they receive nuisance calls or spam texts and emails. And the consequences can be financially painful for the company at fault. Most recently the ICO levied a fine of £60,000 to a company in South Wales, for sending spam texts about payday loans. And it isn’t just smaller companies falling foul of the law – BT were fined £77,000 for sending five million spam emails, seemingly as part of a charitable initiative.

GDPR and Marketing

It is vital that companies who employ marketing activities understand what is and isn’t lawful after GDPR.   And how to spot whether what they are doing could fall into the spam category.

Marketing lead generation is a particularly risky area – especially if employing the services of lead generation firms and data broker services.  It’s fair to say that if a company has not figured out its own GDPR compliance, they may well not understand the level of due diligence of suppliers and third parties that are required under current law.

Not that prospecting is forbidden, or direct marketing.   As long as companies follow the rules – and that means knowing how these rules apply to your business.

Not started your GDPR compliance yet?  There’s no time like the present – Contact us if you need some help getting things off the ground.

2018-07-24T09:34:29+00:00July 19th, 2018|Compliance, Data Process, Marketing|