Opt in/Opt out in marketing and sales prospecting

Opt-in/Pre-consent: What is it?

Opt in or prior consent is one of the main principles of the General Data Protection RegulationGDPR). Opt in involves obtaining a person's prior consent before sending them electronic communications, such as email addresses or automated call machines, for commercial prospecting purposes. This can be done by using a checkbox when purchasing a product or service online, by answering a specific question or by following the double opt in.

The French Post and Communications Code and the General Data Protection RegulationGDPR) provide a framework for the processing of personal data and electronic communications. It is important to note that it is possible to unsubscribe (Opt out) from commercial prospecting messages.

We need to distinguish between B2B (Business to Business) and B2C (Business to Consumer) rules.

B2C (Business to Consumers):

Consent is required for prospecting. It takes the form of a checkbox accompanied by a statement such as the following:

◻️ I agree to receive communications from CLIENT. For more information on this subject, please consult CLIENT's privacy policy.

Prior consent is mandatory, but only for SMS and e-mail. Without this consent, B2C prospecting is prohibited. You must also ensure that every commercial prospecting message includes an opt-out button.

B2B (Business To Business):

Many people think that in B2B, it's necessary to have prior consent, but that's not true, because it's not necessary in B2B.

Commercial prospecting by telephone and mail

For telephone calls, whether B2B or B2C, no prior consent is required. You can send electronic communications such as e-mail addresses to anyone you wish to prospect, unless they are registered with Bloctel.

There's no opt-in for mailings either. This means you can send letters to the people you wish to prospect.

Consent to send databases to partners

B2C only:

Consent is required to send messages for commercial prospecting purposes. It takes the form of a checkbox accompanied by a statement such as the following:

◻️ I agree to receive communications from CLIENT's partners. [LINK TO LIST IF POSSIBLE]. For more information on this subject, please consult the CLIENT privacy policy.

Otherwise, it is forbidden to transfer data to a third party/partner.

Opt in assets and Opt in liabilities

There are two types of opt-in: active opt-in and passive opt-in. Active opt-in is when a person explicitly gives their consent to receive commercial prospecting messages. Passive opt-in, on the other hand, is when a person has not explicitly given consent, but has not taken any steps to oppose it.

The double Opt in

Double opt-in is an additional process for obtaining a person's consent to send them commercial prospecting messages. As the name suggests, there are two steps to obtaining consent. After filling in an online form or ticking a box, a message is sent to the prospect asking them to confirm their e-mail address or telephone number.

Several countries impose this process, such as Germany, Austria or Switzerland, to comply with the General Data Protection RegulationGDPR). It's a more secure method of obtaining a person's consent and framing personal data.

Exception to prior consent

Prospects who create an account : 

A prospect who creates an online account but does not become a client cannot receive prospecting without prior agreement. Simply creating an account is not enough for B2C.

Clients : 

If a prospect becomes a client, you can send him commercial prospecting without his prior consent. Please note that if, before becoming a client e.g when registering), you asked the prospect to agree to receive communicationse.g via a checkbox), and the prospect refused or did not check the box, you can no longer send him or her prospecting afterwards, even if he or she becomes a client.

Opt out/Unsubscribe button

In B2C, the opt-out must always be included in your commercial prospecting emails, without exception. It can take the following form:

Newsletter :

"We have obtained your contact details because you have subscribed to our newsletter. To unsubscribe, click here [LINK]. You can also request access to your data at [EMAIL]. For more information on how your data is collected, please see our privacy policy accessible here."

Clients : 

"We obtained your contact details because you used our services. To unsubscribe, click here [LINK]. You can also request access to your data at [EMAIL]. For more information on how your data is collected, please see our privacy policy accessible here."

In B2B, include the following statement in all emails:

"We have obtained your contact details i) directly from you ii) via public informatione.g : trade fair and website) iii) via social networkse.g : LinkedIn) i) or because you have already benefited from our services, in accordance with the provisions of article L34-5 of the CPCE relating to the rules governing commercial canvassing. To unsubscribe, click here [LINK]. You can also request access to your data at [EMAIL]. For more information on how your data is collected, please consult our privacy policy accessible here."

Opt out or stop the newsletter : 

If someone stops receiving the newsletter, you should immediately stop sending them prospecting emails of any kind.

Data retention and commercial prospecting

Former client :

At the end of a commercial relationship or as part of a prospecting campaign, you may keep data for a period of 3 years from the last contact with the former client or prospect. The client may be reminded of the expiry date as many times as necessary, unless he or she objects.

Please note that if no active action is taken by the prospecte.g clicking on a link or making a contact request), it will no longer be possible to use his or her data for prospecting purposes after the 3-year period.

Opposition does not imply deletion of all data collected.

Indeed, it is necessary to keep a record of the collection of consent and a record of the execution of this opt-out, where applicable, in order to protect against any possible control.