The regime is the same for email, for text messages and for telephone calls, whether or not a human operator makes it. The distinction the law draws is not one of channel — it is between natural and legal persons.
Electronic Marketing Communications CompliancePMV-19
- Objective
- Establish, for each campaign and each segment of recipients, the applicable lawful basis, and assemble the proof that it holds.
- Scope
- Prior express consent of natural persons; opt-out regime applicable to legal persons; the existing-customer exception and its four cumulative conditions; mandatory content of the message; opt-out mechanism; proof and retention.
- Method
- Inventory of the databases and of their provenance; qualification of each segment; testing of the four conditions of the customer exception, segment by segment; revision of message text and footer; definition of the evidential record of consent and refusal.
- Deliverables
- Lawful-basis matrix by segment; opinion on the applicability of the customer exception; revised consent-collection and opt-out texts; proof and retention procedure.
- Duration
- Three working days, spread over three calendar weeks.
- Audience
- Organisations sending commercial communications by email or text message, and providers doing so on behalf of others.
- Prerequisites
- An inventory of the lists in use, with the provenance of each.
- Lawful basis
- Article 13 of Directive 2002/58/EC; in Portugal, articles 13-A and 13-B of Law 41/2004; article 21 of Regulation (EU) 2016/679.
- Indicative value
- From €3,400. [Indicative value.]
- Delivery
- One-off engagement
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