Digital direct marketing: here's what it's like!

Digital direct marketing is an important way for many organizations to get in touch with (potential) customers. Think of sending a digital newsletter, a text message or Whatsapp message. But what rules actually apply to this?

Permission

Basically, an organization must obtain prior consent for the use of personal data (such as an e-mail address or telephone number) for digital direct marketing. This consent must also meet a number of requirements. For example, consent must be freely, specifically, informed and unambiguously given. The data subject must also have actively given the consent (opt-in). For example, the use of pre-ticked boxes is not allowed, because then there is no 'opt-in' consent. In addition, it must be clear exactly what the consent is given for. Think of a specific subscription to a digital newsletter.

Prior consent must also be obtained for sending direct marketing messages to other companies, such as a digital newsletter to an organization's sales department. This is only different when an organization has deliberately published a particular e-mail address for this purpose. Think of an e-mail address as: salesaanbiedingen@bedrijfsnaam.nl.

Exception: existing customers or legitimate interest

An exception exists when an organization wants to approach existing customers. In that case, an organization does not have to ask permission to send, for example, a digital newsletter. It is important that the newsletter relates to similar products or services of this organization. Furthermore, someone is only an existing customer if this person has actually purchased a product or service. For example, someone who has only created a user account is not yet an existing customer under privacy laws.

In addition, personal data can possibly be used for direct marketing purposes if there is a legitimate interest to do so. In order to assess whether such a legitimate interest exists, a balance will have to be made between the interests in direct marketing on the one hand and the privacy interests of the person (non-customer) in question.

Provide an unsubscribe option

In all cases, it is required that anyone can easily unsubscribe from receiving digital direct marketing. This means that, for example, an unsubscribe option must be included at the bottom of every digital newsletter. This applies to both existing customers and individuals who have given consent. In fact, consent must be easily revoked again.

Does your organization comply with the aforementioned rules for digital direct marketing? If not, or also if you would like to spar, please feel free to call or email us: Valerie Lipman and Annemarie van Woudenberg.