Phone Number Marketing and GDPR: What You Need to Know

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Phone number marketing under the General Data Protection Regulation (GDPR) requires careful attention to ensure compliance. Here's what you need to know:

1. Lawful Basis for Processing
Under the GDPR, you need a lawful basis to process personal data, including phone numbers for marketing purposes. The most relevant bases are:

Consent: The individual has given clear consent for you to contact them via phone for marketing. This consent must be freely given, specific, informed, and unambiguous. Silence, pre-ticked boxes, or inactivity do not constitute valid consent. You must keep a record of this consent, including how and when it was obtained. It should be as easy for individuals to withdraw consent as it was to give it.




Legitimate Interests: In some B2B contexts, you might argue that you have a legitimate interest in contacting a professional at their work number, provided this interest is balanced against the individual's rights and freedoms. However, this basis is generally more difficult to rely on for direct marketing to individuals via phone and often requires a prior relationship and a high degree of relevance. You must still provide an easy way for the recipient to opt-out.
2. Consent Requirements
If you rely on consent, ensure it meets the GDPR standards:

Freely Given: Individuals must have a genuine choice. Consent should not be a condition of a service unless the processing is necessary for that service.
Specific: The consent should be specific to the purposes of the phone marketing (e.g., receiving promotional calls or SMS).
Informed: You must clearly inform individuals about who you are, the purposes of the processing, and their right to withdraw consent.
Unambiguous: Consent must be indicated by a clear affirmative action, such as ticking a box or a clear verbal agreement.
For SMS marketing, the ePrivacy Directive (soon to be the ePrivacy Regulation) also applies, generally requiring opt-in consent.

3. Transparency
You must provide clear and easily accessible information about how you will use their phone number in your privacy policy. This includes the purposes of the processing, your contact details, and the individual's rights under the GDPR.

4. Right to Object
Individuals have the right to object at any time to the processing of their personal data for direct marketing purposes. You must clearly inform them of this right and provide an easy way for them to opt-out. If they object, you must stop processing their phone number for direct marketing.


5. Data Minimization
You should only collect and retain phone numbers that are necessary for your marketing purposes. Don't collect excessive data.

6. Data Security
Implement appropriate technical and organizational measures to secure the phone numbers slovenia number data you process and protect them against unauthorized access, loss, or destruction.

7. Records of Consent
You need to be able to demonstrate that you have obtained valid consent where you are relying on it as your lawful basis. Keep clear records of when, how, and what individuals consented to.

Key Takeaways for Phone Number Marketing under GDPR:
Obtain explicit opt-in consent for marketing calls and SMS to individuals whenever possible.
Be transparent about your data processing practices.
Provide a clear and easy way to opt-out.
Keep records of consent.
Understand that legitimate interests have limitations in this context, especially for direct-to-consumer marketing.
Failure to comply with the GDPR can result in significant fines. It's always recommended to seek legal advice to ensure your marketing practices are compliant.