GDPR establishes rules on how personal data is used. Since personal data can include telephone numbers, there has been much anxiety – and misunderstanding – over the implications that these guidelines might have on telemarketing.
Since the introduction of the General Data Protection Regulation (GDPR) in 2018, we have had queries from current and prospective clients regarding its impact on our services. More often than not, these queries concern whether or not we can phone prospects without their explicit consent.
The answer is: yes!
GDPR legislation allows businesses like JEM to make cold calls where a ‘Legitimate Interest’ exists.
In Article 6 of the GDPR legislation, the sixth clause states:
"processing is necessary for the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject that require protection of personal data, mainly where the data subject is a child."
Furthermore, Recital 47 states:
"The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest."
Simply put, businesses like JEM are still fully compliant with the law when processing personal data for direct marketing purposes, including telemarketing! – so long as ‘interests or fundamental rights and freedoms' are not overridden.
When processing personal data, JEM complies with the ICO’s guidelines to demonstrate our accountability obligations by undertaking a three-part legitimate interests assessment before processing:
The Purpose Test
The Necessity Test
The Balancing Test