Here is a selection of questions (scenarios) in relation to the GDPR. What are your thoughts on this? Are you aware of the new changes in relation to marketing by email, posting out and making phone calls? Will it affect your business?
QUESTION
Currently we have over a thousand people on our database. Will we need to send them all an information notice telling them we are complying with GDPR, giving them the option to unsubscribe, telling them how their information is being used, and giving them the option to be removed from our database?
ANSWER
You need to ask yourself how you got hold of their contact details (email addresses) in the first place. Did you find them on their website or from an industry directory online and copy and paste the information into your database?
If so, you will need to make them aware of how you came across their details, giving them the option to unsubscribe and be removed from your database.
QUESTION
What does ‘Implied Consent’ mean?
ANSWER
Implied Consent means consent which is not expressly granted by a person, but rather implicitly granted by a person’s actions or by a person’s silence or inaction.
You could suggest that, if a person willingly puts their contact details on an industry database, which then sits on a website for anyone to see or search for, that it would be acceptable to take their contact details and add them to your own business database for marketing purposes. It’s already out there, for public consumption.
But the GDPR is now asking that consent must be properly specified. You must seek acceptance from individuals allowing you to hold their details on your database. You can’t just presume.
QUESTION
If we attend a conference and are given a delegate sheet of attendees, what’s the best way of using this information to make contact with people?
ANSWER
A good option is to find the people on LinkedIn and ask to connect with them.
Mention you attended the XYZ conference in X-Town, didn’t get the opportunity to chat with them and hoped they would be happy to connect with you on LinkedIn.
Once they connect with you, then you can ask them further questions, including asking for permission to add them to your database to receive your monthly newsletter.
QUESTION
What are the Mail Preference Service and the Telephone Preference Service?
ANSWER
Under the Privacy Regulations it is a legal requirement to check your database regularly with the Telephone Preference Service (TPS) to ensure that the people (businesses and individuals) you are calling are not registered.
Similarly, with the Mail Preference Service (MPS), although it is not a legal requirement, screening against the MPS is required under the CAP Code and the DMA Code.
QUESTION
Can you explain more about ‘Opt-out’ requests?
ANSWER
- Whenever you contact a potential customer, make sure you provide a clear statement of the marketing company’s identity and contact details.
- Individuals can opt out of marketing contact at any time. The only cost to the customer of opting out should be the cost of sending the message; they must not incur a premium rate charge. It is important to record such requests accurately and to act on them promptly.
- It is important to include an opt-out opportunity on all pieces of direct marketing, whether sent by mail, e-mail or SMS.
- Opting in or out of marketing contact should be made as simple as possible for the individual, for example by providing a link to unsubscribe in an e-mail, or allowing individuals to text STOP to a given number.
- If someone opts out of marketing, ensure that you retain their record on the system and note that they have opted out (known as “suppressing” the details). If you simply delete their details, you may obtain their data later from another source and will not know that they have opted out of marketing contact.
- It is not acceptable to rely on silence as an opt-in. You need some positive action by the customer, such as returning a form or an e-mail.
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