Marketing Data Compliance is an essential requirement for any company engaging in direct marketing in Georgia. SMS advertising, Email Marketing, and telemarketing calls are regulated by the Law of Georgia on Personal Data Protection. This law prohibits sending advertising messages without the recipient's prior, voluntary consent. This rule applies even to publicly available numbers. Businesses often buy "databases" or harvest numbers from the internet, which is a direct violation of the law and leads to substantial financial fines. Furthermore, consumers must have the opportunity to easily and freely opt out of receiving advertisements at any time.
Modern digital marketing also involves the use of Cookies and pixels to analyze user behavior and for retargeting. These processes also require user information and consent. Legal.ge gives you access to lawyers who will help your marketing team run effective campaigns in full compliance with the law, avoiding reputational damage and sanctions from the supervisory authority.
What does the Marketing Data Compliance service cover?
The service ensures the legalization of marketing strategy:
- Development of Consent Mechanisms (Opt-in): Adapting registration forms and agreements so that marketing consent is clear and separate from other conditions.
- Implementation of Opt-out Mechanisms: Legal oversight of integrating an effective "Unsubscribe" function in SMS or emails.
- Database Legalization: Auditing existing contact databases and developing a "whitewashing" strategy (requesting re-consent).
- Cookie Policy Management: Setting up a cookie banner on the website that gives users a real choice, not just information.
- Third-Party Relations: Reviewing contracts with advertising agencies and SMS providers regarding data protection.
- Direct Marketing Audit: Pre-checking planned campaigns (e.g., sweepstakes, loyalty programs).
Common Real-World Scenarios
Marketers often take risks due to ignorance of the law:
- SMS Spam: A company sends promotional SMS to numbers obtained from payment terminals or the public registry. This is illegal because the citizen did not consent to marketing processing.
- Difficulty Opting Out: A promotional email lacks an "unsubscribe" button, or opting out of SMS requires visiting the office or calling. The law requires opting out to be as simple as consenting.
- "Refer a Friend": Promotions asking users to enter a friend's phone number to send them ads. Using a friend's number without their consent is a violation.
- Purchased Databases: A marketing agency buys a database of "active users." Using such databases is almost always illegal.
Legal Framework: Direct Marketing Regulations
The Law of Georgia on Personal Data Protection (Article on direct marketing) establishes that data processing for direct marketing purposes is allowed only with the data subject's consent. The burden of proof lies with the data controller (the company). This means you must be able to prove when and in what form a specific person gave consent. Also important are the Law on Electronic Communications and the Law on Consumer Rights Protection, which prohibit aggressive commercial practices. The Personal Data Protection Service actively fines companies for SMS spam.
Step-by-Step Service Process
- Database Analysis: Studying the sources of contact data.
- Consent Formulation: Drafting text that is simple, clear, and legal.
- Technical Assignment: Instructing the IT team to set up the Opt-out mechanism.
- Contracts with Providers: Inserting data protection clauses in agreements with SMS aggregators.
- Training for Marketers: What is allowed and what is not when planning creative campaigns.
Why choose a specialist on Legal.ge?
Aggressive marketing may seem profitable in the short term, but a single complaint is enough to receive a large fine and damage the brand's reputation. Legal.ge gives you access to lawyers who will help you find the balance between effective marketing and legal requirements. Run legal campaigns and gain consumer trust with the help of professionals.
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