In order to reach new potential customers, businesses often use a variety of email blasts - some also opt for traditional telephone contact. However, when planning our company's marketing strategy, we need to take into account the RODO data protection regulation, which came into force in 2018. How do the revised regulations affect direct marketing?
Direct marketing - what is it?
Every one of us has encountered a situation at some point in our lives where, when we least expected it, a door-to-door salesman has knocked on our door wanting to present a sensational offer. We have certainly also received calls from persistent telemarketers who were only trying to do their best work. Direct marketing has been somewhat shrouded in disrepute, but it is worth knowing that it is not just about face-to-face contact with customers and uncomfortable phone calls. The concept also includes email (or traditional mail), as well as online advertising - the main idea is that a potential customer can get to know our offer without visiting the company's premises. He will receive all the important information about the product range and contact details should he wish to place an order. Direct marketing, carried out in an appropriate, well-thought-out manner, can yield very good results. However, in order to use it, we need the personal data of the target audience. The information collected is usually about location, age, interests, telephone numbers and even addresses. This raises the question: how does direct marketing affect the provisions of the RODO regulation?
RODO - consent for direct marketing
If we want to legally use personal databases for marketing purposes in our company, we must become the controller of this personal data. We are therefore obliged to comply with the obligations under the RODO - first of all, it will be necessary to inform consumers that we are collecting their data. You will also need to obtain consent for marketing communications - this cannot be hidden or invisible, as the RODO places great emphasis on openness and informed decisions in relation to the provision of their personal data. The request for consent for direct marketing should therefore be clear, understandable and placed in a prominent position with a CTA (Call To Action) button, e.g. "Yes, I want to subscribe". In addition, RODO information clauses must include:
- data controller contact information;
- strictly defined purpose of data processing;
- the legal basis of the data processing;
- contact information of the Data Protection Officer (if such a person has been appointed);
- data retention period;
- a link about the possible consequences of failing to provide data;
- whether personal data will be transferred further - including outside the European Union;
- information on the possibility of lodging a complaint with the Data Protection Authority.
Acquisition of consent to direct marketing can be a challenge. For this reason, many companies offer their customers additional promotions, discounts and access to special publications. 
Lawful marketing contact is not just RODO
Adapting direct marketing to the RODO regulation does not mean that we have perfected everything in terms of current law. What else do we need to bear in mind? There are still national laws that we need to take into account. These are the Act of 18 July 2002 on the provision of electronic services and the Act of 16 July 2014 on telecommunications law. It is advisable to familiarise yourself well with their content so that you do not make unnecessary mistakes.
Consent to data processing for marketing purposes - model
You are wondering how the content should be structured consent to processing of personal data for marketing purposes ? Keep in mind that its content will vary depending on the form of communication chosen - by e-mail, letter or telephone. Online shop owners usually send out newsletters and other e-mails. The content of consent in the case of electronic communication should read as follows:
I consent to the processing by .... (name of the data controller) of my personal data in the form of e-mail address for the purpose of sending me marketing information on products and services offered by ..... (name of the data controller) by means of electronic communication, pursuant to the content of Article 10(1) and (2) of the Act on the provision of services by electronic means.
Important note: Traders are obliged to store the entire content of the consent accepted by the consumer in their marketing database as evidence of the data collection communication. It is not sufficient to merely indicate that the customer has consented to the processing of their data.
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