Do you comply with data protection?

More and more I come across businesses that are not complying with data protection when sending e-newsletters, e-zines (email marketing) or bulk SMS text messages either because they did not know they needed to or they have been incorrectly advised. 

If you are sending direct mail in the form of Email or SMS texts you MUST ensure you comply or face a hefty penalty.  Which range from €3,000 to €250,000 or 10% turnover. 

To ensure you are complying read the below:

Basic Rules: 

• You MUST have their consent to use their personal data for direct marketing purposes.  
• They MUST be given the right to decline use of their personal data.
• An opt-out option MUST be included with every E-mail or SMS and it MUST be FREE OF CHARGE e.g. people who have to text back to unsubscribe should be able to do so at no cost to them.
• When it is not obvious, you MUST also advise them of who you are and where you obtained their data

Individuals and business customers & contacts:

• The product / service you are marketing must be similar to the service/product sold to them initially
• Do not send to customers where there has not been a transaction within the previous 12 months.  ”If the subscriber fails to unsubscribe using the cost free means provided to them by the direct marketer, they will be deemed to have remained opted-in to the receipt of such electronic mail for a twelve month period from the date of issue to them of the most recent marketing electronic mail” – dataprotection.ie
• Business contacts must not be sent emails or texts if they have advised that they do not want them or have opted-out

Non-customers:

• An individual MUST have opted-in to receive emails or text messages for marketing purposes,  if permission has not been given DO NOT send e-newsletters or bulk SMS messages.

Summary Table – Text/Email Marketing

 “Opt-in” =  they must have opted-in to receive

“Opt-out” = you can market an individual but you must have given them the option to decline at time of collection and an Free of charge opt-out must be included on all correspondence.

Individual Customer – Opt-0ut (provided similar product or service)

Individual Non-Customer – Opt -In

Business Contacts (Customer & Non-Customer) – Opt-0ut

For more information on Data Protection visit the DataProtection.ie

Happy Marketing