Direct marketing and the data protection law
Short messages, emails, calls and postal materials are all forms of direct marketing, and in Georgia they are governed by Article 12 of the Law on Personal Data Protection. The relevant subparagraph of Article 3 of the law defines direct marketing as the direct and immediate provision of information to the data subject by telephone, mail, e-mail or other electronic means for the purpose of forming, maintaining, realising or supporting interest in a natural or legal person, goods, an idea, a service or an initiative.
Managing this field looks simple, but it is precisely marketing campaigns where data protection rules are violated most often. Discussed below are the consent rule, the withdrawal mechanism, the burden of proof and the sanctions.