GDPR against phone offers

GDPR against phone offers
23 Január 2019

GDPR against phone offers

With new Data Protection Regulation, businesses are more careful when offering products over the phone or by SMS. In this process, GDPR seeks to provide greater protection over personal data. Who can offer you such services and how to avoid uncomfortable phone calls? Easily. If you no longer want to be offered something, just let them know.

Who can offer you their services and products over the phone?

GDPR has an impact on phone and SMS offers similar as on email advertising announcements. Both your phone number and email address are personal information. Companies may offer their products or services over the phone, by SMS or by e-mail only when having your consent. If you buy a new mobile phone, the dealer is entitled to send you, for example, an accessory offer for the selected device. In addition, you may be contacted by the marketing agency with whom the data collector has a contract to offer you the services or products of that collector. However, if someone reaches you with an offer without having a relationship with the company, it may be a violation of privacy policy.

What about companies that buy customer data?

Companies that operate telemarketing usually work with phone numbers that are not obtained directly from people but from databases. Databases containing personal data are often traded and data is retrieved by e-commerce customers, users of different websites and other services where customers are entering their telephone numbers and agreeing to the terms of processing personal data, which conceals consent to such use of their mobile number.

Clear consent is important

GDPR introduces some new conditions for consent to the processing of personal data - in this case, it is important to emphasize the fact that consent is different from other facts.

The data subject must clearly know that he / she is consenting to the processing and the consent must not be conditional, for example, on the performance of the contract. As the concessions contained in the terms and conditions do not meet these criteria, the data obtained in this form can no longer be used. In order to do this, consent would have to be given again under the conditions required by GDPR.

How to have data erased?

As a matter of principle, the customer must be able to simply unsubscribe or refuse to receive further marketing announcements easily (eg via a link). Typically, these are any business notices and offers sent to the customer's email or phone number. GDPR does not provide for a uniform procedure for exercising the right not to be further addressed by advertising offers. However, its application should be as simple as granting consent. The exercise of that right thus differs from company to company.

Generally, it is possible to submit such a request, for example by letter, e-mail, via the web. In the case of telephone addressing, it will also first be possible to notify the caller of the request to erase the data. However, people should be aware that exercising their right of erasure may not delete all of their personal data. For example, if they withdraw the operator's consent for marketing actions, they will continue to manage their data for the tariff agreement, for example. The data used for marketing calls is likely to be erased, but the data that a company needs to meet its legal obligations or to perform a contract may not be erased.

Is deletion from marketing databases with GDPR easier?

This possibility has also been recognized by the existing legislation, but GDPR generally increases the emphasis on compliance with privacy rules, so companies can be expected to have greater respect for the rights of the data subjects. In general, GDPR is responsive to the electronic form of communication, so it is possible to communicate by e-mail, but it is appropriate to retain all communication.


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