Who has never heard of the General Data Protection Regulation, more commonly known as GDPR? Almost no one!
This regulation, which came into force on 25 May 2018, applies to all European companies that process personal data. Its scope is broader than one might think (it goes from the collection of data to its deletion (if requested) through its conservation, use, management, etc.) and concerns all sectors of activity. No marketer escapes it, with a few exceptions...
This directive requires marketers to place the consumer at the center of their communication strategy, by offering them, among other things, offers that are both consenting and relevant. In itself, the GDPR is much more of an opportunity than a constraint, as long as we remain, at all times, compliant with the law.
Beware of those who do not comply with the directive! Beyond the list of azerbaijan whatsapp phone numbers financial penalty (remember that the fine for non-compliance with the GDPR can reach 4% of turnover), any violation of the GDPR will harm the reputation and image of your brand. What you have spent years or even decades building could be tarnished in no time.
No newsletters without data. And where there is data, there is consent.
No personalized (or even mass) marketing campaigns without processing personal data. And, to process this type of data, consent is required, at least in B2C. The situation is different in B2B and from one country to another*. In short, what does the law say?
BtoB Emailings:
Even under the GDPR, prior consent is not required to process data and send prospecting emails to companies (source: https://www.cnil.fr/fr/la-prospection-c ... ectronique ). Since companies, legal entities, are necessarily represented by natural persons, it is therefore possible to send prospecting emails to the holder of an email address [email protected].
It goes without saying that this use must be reasonable and that the recipient must, at any time, be able to exercise his right of opposition (opt-out).
BtoC Emailings:
To put it simply, the only case where it is possible to use email to communicate a marketing message to a consumer without specific prior consent is the case where the person has purchased a product or service, their email has been collected on this occasion and it is used to promote similar products or services. In this specific case, we fall within the framework of legitimate interest, it is the opt-out regime that applies. So be sure to insert an unsubscribe link in each of your newsletters.
As you will have understood, in BtoC, without consent, nothing authorizes you to send an email to a consumer to ask them to register for your loyalty program for example.
Don't confuse consent with opt-in
Consent and opt-in are often used as synonyms when they refer to different realities. Consent is generic and relates to the marketing objective, whereas opt-in implies the notion of channel (email, SMS or print for example).
Indeed, if a consumer gives his marketing consent but does not offer his opt-in on sending emails, this does not mean that he is not interested in receiving SMS. The opt-in therefore implies that there has been marketing consent. But the reverse is not true: if a consumer has not given his marketing consent, no opt-in can be linked to his profile.
In the Actito platform, consent is managed at the profile sheet level while opt-in is associated with subscriptions linked to this profile. Your contacts can therefore very easily unsubscribe (opt-out) from a single channel, whether it is email or SMS for example. Our user interface allows you to see clearly quickly!
Actito-gestion-opt-in-opt-out
Active Opt-in vs Passive Opt-in: What’s the Difference and Why Does it Matter?
Active opt-in occurs when a consumer is aware that they are giving their consent to receive offers from a brand. This often takes the form of a checkbox or a button to click on a data collection form.
Passive opt-in is the complete opposite! The marketer uses the same form, except that the box is pre-checked. In this case, consent is implicit, which is contrary to the GDPR. This practice is therefore punishable. You have been warned...
Sample consent form
What about double opt-in?
It is sometimes said that double opt-in is the only way to guarantee valid consent under the GDPR. This is completely false: this requirement is not included in the text of the law ! It is therefore not necessary to obtain double confirmation, a 'simple' opt-in is sufficient.
How to manage customer data to stay compliant?
Many marketers have had to review their marketing strategy and the way they handle personal data, with varying degrees of guidance from their customer activation software vendor. In addition to listening to our customers, Actito makes your job easier by providing you with a range of intuitive features:
Data Collection Form
Data collection forms have certainly not escaped the compliance imposed by the GDPR. Fortunately for our customers, they did not have to wait for the European regulation to come into force on May 25, 2018 to be able to create GDPR-compliant forms.
The solution we offer, through our "Forms and Pages" module, consists of recording the context of the consent: namely the source and the precise moment of the collection as well as the information that was communicated to the consumer at the time of obtaining consent.
In practice, once the form is submitted, the database is enriched with the data from the form as well as the time at which consent is given. Proof of consent can be reported by reference to the form.
GDPR-data-form
Preference management form
Our "Preference Center" form template, available as standard, provides the necessary elements for capturing compliant consent by setting up a "layered" information system (layered consent). The main information is available on the first page of the form. A link to the privacy policy containing all the information required by the GDPR is directly applicable in the form.
