In 2004, the Law for Confidence in the Digital Economy (LCEN) included in Article L.34-5 of the French Postal and Electronic Communications Code the prohibition of any automated commercial prospecting without consent. This article defines direct prospecting as the act of "directly or indirectly promoting goods, services or the image of a person selling services or goods". Indeed, since the easy access to individuals' email addresses, lead generation has never been easier. From now on, companies can quickly and precisely target their mailings (according to the professional category, the job performed by the person, their role in the company, etc.). Companies can choose from several strategies to approach customers. They can opt for an opt-out strategy, through which they will prospect directly with the individual. Conversely, they can choose an opt-in strategy in which the individual's consent will be necessary to begin any relationship. saudi arabia whatsapp data
But since 2002, opt-in has been the rule for commercial prospecting. Indeed, the European directives of 2002 and 2009 protect "subscribers and users" from unwanted commercial prospecting.
What does such a strategy consist of? What obligations must professionals respect when setting up an opt-in?Lead generation, as a collection of personal data, must meet certain constraints. In particular, it must be lawful and fair.
In an opt-out approach, it is possible for the company to approach an individual directly. The individual's consent is assumed by default. The individual can simply object to this prospecting in the future. Conversely, opt-in requires the individual's clear and prior consent as well as the possibility of unsubscribing (art.L.34-5 CPCE) before any prospecting. As a result, a positive act by the individual is necessary. This obligation of prior consent is also found in article 6 of the simplified standard NS-048 relating to customer-prospect files.