Explicit consent for direct marketing
Posted: Mon Feb 17, 2025 9:31 am
This week, the draft text of the new European privacy law was 'leaked'. The changes proposed by the European Ministry of Justice (DG Justice) are far-reaching. Also for direct marketing. European Commissioner Reding said it earlier, she wants to guarantee control and choice for consumers.
All marketing is opt-in
After a first reading of the extensive document, it is clear what she means: all marketing will be opt-in. If the concept is adopted in its current form, explicit consent will soon have to be requested for telemarketing and direct mail. Online (Behavioral) Advertising also falls under the regime. Because according to the new definitions, cookies, IP addresses and geodata simply fall under privacy legislation. For the private sector, the rules are contained in a regulation. This means that member states are not allowed to implement them as they see fit, they must adhere to the exact text.
The new article 5.2 of the draft text states that personal data may only be processed cayman islands phone number list for commercial marketing purposes with explicit consent. This means an opt-in for telemarketing, direct mail and online. The exception is direct marketing by non-profit organisations. Charities, political parties, foundations and associations may still call and send addressed mail without consent. It is not clear whether this only applies to 'ideological messages' or also to fundraising propositions. Another new feature is that it is stated that consent must always be explicit. According to the explanation, this means that someone must first perform a confirmatory action, such as ticking a box. If complaints are received, organisations must demonstrate that they have actually obtained consent in this way.
All marketing is opt-in
After a first reading of the extensive document, it is clear what she means: all marketing will be opt-in. If the concept is adopted in its current form, explicit consent will soon have to be requested for telemarketing and direct mail. Online (Behavioral) Advertising also falls under the regime. Because according to the new definitions, cookies, IP addresses and geodata simply fall under privacy legislation. For the private sector, the rules are contained in a regulation. This means that member states are not allowed to implement them as they see fit, they must adhere to the exact text.
The new article 5.2 of the draft text states that personal data may only be processed cayman islands phone number list for commercial marketing purposes with explicit consent. This means an opt-in for telemarketing, direct mail and online. The exception is direct marketing by non-profit organisations. Charities, political parties, foundations and associations may still call and send addressed mail without consent. It is not clear whether this only applies to 'ideological messages' or also to fundraising propositions. Another new feature is that it is stated that consent must always be explicit. According to the explanation, this means that someone must first perform a confirmatory action, such as ticking a box. If complaints are received, organisations must demonstrate that they have actually obtained consent in this way.