GDPR has tightened the methods used to obtain consent from an individual. The fact consent may be required has not changed, but the way in which consent is obtained has been tightened.
Under GDPR consent must be freely given, specific, informed and explicit consent by statement or action signifying agreement to the processing of their personal data.
The rules are different when marketing to Consumers (Including Sole traders and some limited partnerships) than they are when a Business is marketing to another business. the link below takes you to a ICO document online which gives simple clarity to what is allowed and what is not
You must not send marketing emails or texts to individuals without specific consent. There is a limited exception for your own previous customers, often called the ‘soft opt-in’.
You can send marketing emails or texts to companies. However, it is good practice to keep a ‘do not email or text’ list of any companies that object.
In general, you must not make marketing calls to any number listed on the Telephone Preference Service (TPS) or Corporate TPS (CTPS), unless that person has specifically consented to your calls.
You can call a number if it is not listed on the TPS or CTPS and you are not marketing claims management services. So you need to screen call lists against the TPS and CTPS.
You can only make marketing calls in relation to pension schemes if you meet a strict criteria. You must allow your number to be displayed.
You should check the origin and accuracy of bought-in lists. You should screen call lists against the TPS, and only use bought-in lists for email, text or recorded calls with very specific consent.
For in-house marketing lists, use opt-in boxes wherever possible. Specify consent to marketing by email, by text, by fax, by phone or by recorded call. Ask for specific consent also if you want to pass details to other companies, and make sure you name or describe those companies.
Keep clear records of consent, and keep a ‘do not contact’ list of anyone who objects or opts out.
if you require further advice or clarity in connection with any aspect of GDPR then get in touch for some FREE advice.
We have included some official ICO documentation that you may answer your questions
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If you have a suspected Data Breach and want FREE advice as to what action your company should take then ring Paul Johnson on 01772 802702.