Not even an email to ask consent…

Business Advice Spain > B.A.S. BLOG > Uncategorized > Not even an email to ask consent…

GDPR Email Tsunami

The wave of emails we have seen just before and after the coming into force of GDPR was exaggerated and not necessary. Consent for email marketing is already a requirement under European e-privacy law, which allows this type of marketing on an opt-out basis for existing customers.

ePrivacy Directive

Nowadays everybody seems to talk about GDPR, but don´t forget this other directive:

Privacy and Electronic Communications Directive 2002 

In short: If you do not have explicit consent from the recipient, you may not even contact them to to ask for it.

Consent is central to the rules on direct marketing. Organisations will generally need an individual’s consent before they can send marketing texts, emails or faxes. If they cannot demonstrate that they had valid consent, they may be subject to enforcement action.

To be valid, consent must be knowingly and freely given, clear and specific.

Organisations should keep clear records of what an individual has consented to, and when and how this consent was obtained, so that they can demonstrate compliance in the event of a complaint.

Do contact us if you´d like more information.

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