Do I need consent for direct marketing?

Credit to Legal Futures

With less than 50 working days until GDPR takes effect on 25 May 2018, many businesses are starting to consider the hot topic of whether their marketing lists will still be valid.

As we all know, under GDPR, organisations can only process personal data if they have a lawful basis for doing so (article 5, clause 1). The test for ‘lawfulness of processing’ includes that the data subject has given consent for the processing, but this does not automatically mean that you need consent to carry out direct marketing (or any other type of processing).

Even the ICO acknowledges that obtaining valid consent under GDPR (article 7) will be challenging and they urge businesses to consider whether consent is the correct lawful basis for the processing of any data.

Legitimate interests

Recital 47 of the GDPR states: “The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest.”

Postal marketing: As long as the organisation identifies itself, offers an opt-out and screens addresses against the Mail Preference Service, then it’s OK to send first-party marketing (about your own products and services) as long as the individual has not previously opted out.

Email/SMS marketing: You must follow the rules in PECR, which require an opt-in unless you have obtained the contact details of the individual during the course of a sale (or negotiations of the sale) of a product or service.

The marketing must be of a similar product or service and the individual must have been given the opportunity to opt-out.

When can we email or text companies?

You can email or text any corporate body (a company, Scottish partnership, limited liability partnership or government body). However, it is good practice – and good business sense – to keep a ‘do not email or text’ list of any businesses that object or opt out, and screen any new marketing lists against that.

Telephone marketing: For live marketing calls, the rules say you can contact anyone as long as they have not previously opted out and are not registered with the Telephone Preference Service (TPS for individuials) and the Corporate Telephone Preference Service (CTPS for companies). You must not make automated calls to anyone unless they have specifically opted in to receive this type of call from you.

Selectabase and GDPR

We can assure you that Selectabase will only sell data that is compliant under the EU’s GDPR processing rules. You can trust us to only provide you with the highest quality marketing data, in accordance with the latest GDPR guidance.

Marketing is a significant and important economic activity. Organisations are entitled to market their goods and services, and they have a legitimate interest in seeking to address marketing to the most relevant audiences.

Speak to one of our data experts today on 01304 383838 and see how you can benefit from using Selectabase’s GDPR ready data.

Further GDPR news!

Rest assured!

We recently shared a couple of news stories on our social media feeds “Direct mail industry set for boom time under GDPR” and “Much needed clarity from ICO on Legitimate Interest and Direct Mail!” These stories offer some welcome good news to all businesses and importantly our valued customers that utilise the power of direct mail.

In a new FAQ section on its website the Information Commissioners Office (ICO) confirms: “You won’t need consent for postal marketing…you can rely on legitimate interests for marketing activities if you can show how you use people’s data is proportionate, has a minimal privacy impact, and people would not be surprised or likely to object.”

This is welcome news from the ICO to finally confirm that businesses will be able to use legitimate interests, and not have to gain explicit consent under GDPR to mail individuals by post.

So rest assured the long term benefit of direct mail will continue post GDPR. We can indeed continue to help you with the supply of B2B and B2C data lists along with our hybrid mail Create & Post service – providing a truly one stop shop solution.

If you have any questions regarding this blog or would like to find out more about the services we offer, to help you with compliant direct marketing, call our friendly team on 01304 383838.

Helping you to be GDPR compliant

In preparation for the General Data Protection Regulations (GDPR) on the 25th May 2018, Selectabase are working on a number of solutions to help our customers be compliant, and over the coming weeks and months we will share the various updates with you.

Our first update relates to the release of our new, free Windows PC App EasyCheck, which enables you to screen your consumer and business, telephone number and postal data against the individual and corporate Telephone Preference Service (TPS and CTPS), and the Mailing Preference Service (MPS) – and all from your desktop!

Selectabase are an official licensee of TPS, CTPS and MPS and hold a full copy of these registers. They are downloaded and updated every day, therefore we can help you stay compliant with simple to use and instant data checking services. If your database of contact details features any numbers that you are not legally permitted to call, or consumers that have opted out of postal mail our checking service will flag them up. There is even a free list de-duplication checking tool!

Are you concerned about uploading and releasing your precious sensitive data to a data cleansing company? Then waiting for minutes, hours or even days until it’s return?

With EasyCheck you can check full lists against the live ‘do not contact’ TPS, CTPS and MPS registers instantly without parting with your data.

How to use EasyCheck:

– Load the EasyCheck software and login
– Open the file you would like to check within Microsoft Excel
– Choose TPS/CTPS/MPS checking & your preferred flagging options
– Press the button to begin automatic checking
– Sit back and watch the software scroll down and check your data!
– No need to send your data away and wait – instant results!

Download EasyCheck today and as a new user we include 50 free credits.

If you have any questions regarding this blog or would like to find out more about the services we offer, to help you with compliant direct marketing, call our friendly team on 01304 383838.

Selectabase Charity Donations

Every year Selectabase make a generous donation to charity.

This year our chosen charitable organisations are:

Enable Me Project Ltd
Diverse Abilities
Entertainment Workshops (education programme for young people)
Dorset Blind Association

Take a look at the wonderful work they do – and if you have some spare pennies perhaps send them a donation 😀

Should I Register (notify) under the Data Protection Act?

The Data Protection Act 1998 requires every data controller (e.g organisation, sole trader) who is processing personal information to register with the ICO, unless they are exempt. More than 400,000 organisations are currently registered.

Under the Data Protection Act individuals and organisations that process personal information need to register with the Information Commissioner’s Office (ICO), unless they are exempt.

If you are unsure if you need to register you can take a quick self assessment via the following link