Have to navigate several legal issues if they procure and make use of a list of phone numbers for marketing reasons. Among the most important ones is the General Data Protection Regulation within the European Union, but many other jurisdictions have their regulations, including the TCPA in the U.S. and the PECR in the UK. Failure to comply with them could lead to great financial penalties and severe harm to reputation.
1. General Data Protection Regulation (GDPR)
The General Data Protection Regulation or GDPR is one of the most rigid data protection laws on planet earth. Ever since coming into effect in May 2018, the application of it has confront many companies whose processes involve the personal data of EU residents, irrespective of its geographical region. According to the GDPR, a phone number too is a personal data, so business owners have to handle it with care.
Key requirements under the GDPR:
Consent: Under the rule, consent from individuals must be acquir by firms before sending marketing communications to customers. Consent shall be freely given, specific, informed, and unambiguous, and there is a right to withdraw such consent without complication.
The basic principles are: the limitation USA Email Database of purpose, which means that the data process and us should be strictly for the purpose intend or informed at the time of collection. This means that phone numbers, for example, collect for use in customer service cannot then be use for marketing unless consent from the customer is obtaind again.
Secondly, data minimization means a company should not collect any more data than what it nees to satisfy its business functions. This would presuppose not collecting phone numbers when apparently there is no need.
Rights of Data Subjects:
Right of access to the data; rectification. Erasure of data, or right to be forgotten; right of objection to processing personal data, including for direct marketing.
Data security: A company has an obligation to take all appropriate technical and organizational measures that ensure the safety of personal information being processed. That is, it means that phone numbers should be encrypted or other security measures against unauthorized access implemented.
For non-compliance with the GDPR. Quite serious fines are provided-up to €20 million or 4% of the company’s global annual revenue, whichever amount is greater.
2. Telephone Consumer Protection Act (TCPA)
In the Unit States, the Telemarketing Consumer Protection Act, also known as TCPA, is a federal regulation on telemarketing calls and automated phone systems. TCPA takes over and becomes applicable to shield a consumer from unwant marketing calls and text messages. The main requirements of the TCPA are stat below:
Prior express consent: If a business has to send marketing messages to a consumer under the TCPA,. Prior express written consent must be obtain. This requirement can be viewe in the same light as the explicit consent requirement of the GDPR.
The Do Not Call Registry:
Besides establishing a method through which the national Do Not Call Registry could be create. Thereby allowing people to opt out from receiving unsolicit marketing calls, the TCPA requires that one have a routine of checking the registry in order not to call those who have opt out.
Opt-out mechanisms: There should be clear instructions on how recipients can opt out in the text of every marketing message.
TCPA violations can be fined up to $1,500 per incident. Which adds up very fast in mass marketing campaigns.
3. UK Privacy and Electronic Communications Regulations (PECR)
In the UK, the PECR works in conjunction with the GDPR for the regulation of electronic communications in companies with regard to marketing calls and texts. Key requirements of this include:
Consent: Much like the GDPR. Businesses should obtain explicit consent prior to sending out marketing messages to individuals.
Soft opt-in: PECR allows business to send marketing messages to current clients. Without any prior consent, provided that the messages must be about similar products or services, and the customer needs to have been given the opportunity to opt out of receiving such calls.
Data retention: Businesses must not retain phone numbers any longer than necessary and should regularly review their marketing databases to ensure compliance.
4. Best Practice for Compliance
Best practices to adhere to by businesses in order to keep within the lines of these laws include the following:
Obtain clear consent: Customers must be aware of what they agree to, and consent records should be on file.
Offer clear opt-out opportunities: Unsubscribing or opting out from future messages must be an easy process.
Monitor changes in the law: The legislation on the protection of personal data is continually changing. Businesses need to stay up to date regarding how the GDPR, TCPA, and other applicable regulations change over time.
