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SMS And GDPR Consent

Tagged with SMS, Marketing, Business, Text, Messaging, GDPR consent
by Adam Brogden
in Blog

13-Feb-2019 10:05

As an SMS marketer it is vital that you are GDPR compliant. Having an appropriate lawful basis to send your messages will keep you out of trouble and avoid an ICO fine. You have a number of options for your lawful basis but don't forget you can't change your mind once you have collected data, changing the lawful basis is likely to result in trouble for you in the future.

The easiest lawful basis is contract. If the person is a customer, ex-customer or potential customer that has been in contact with you then the lawful basis of contract can apply. This makes life easy for you. The next best is consent. If you have explicit consent from a data subject then you are free to market to them. Other rules apply so be careful but consent is a good lawful basis to use for SMS marketers.

Legitimate interest is often used by marketing companies, but this is more difficult. You should talk to us before you reply on LI.

The most important thing to remember is that you need to be able to PROVE that you have consent or a contract with the person. The ICO will need proof that you collected and processed dat fairly, transparently, and legally. If you can’t prove that you have a lawful basis then you risk all sorts of ICO problems. Don’t risk it, call us first.

Good luck all.

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