What legal regulations in digital marketing?

The national and European legal regulations currently in force provide a fairly broad framework for digital marketing and, more specifically, lead generation. Any professional wishing to collect information on its customers or potential customers will have to comply with it. Precise legal regulations in digital marketing A prior declaration to the CNIL before any lead generation! Any file or processing of personal data must be declared to the CNIL. This declaration must be made prior to the constitution of the customer file and its use. NB: The processing of Hong Kong Email List personal data for the purposes of customer management, the exchange of customer and prospect files or even loyalty operations; benefit from a simplified declaration with regard to the simplified standard NS-048.

Generate leads yes, but what is the goal? Before any file creation, you must define a clear and precise main objective. Indeed, article 6 of the Data Protection Act states that data must be collected “for specific, explicit and legitimate purposes” and must “not be subsequently processed in a manner incompatible with these purposes”. In addition, the data you collect must be “adequate, relevant and not excessive with regard to said purposes”. Limited retention of information Legal regulations make the legality of your information subject to a specific retention period.

After a certain time, you will have to delete the information you have collected …

In addition, article 5 of the Data Protection Act states that the retention of data must make it possible to identify the person concerned but must not exceed “the period necessary for the purposes for which they are collected and processed”. Thus, once the previously set purpose has been reached, there is no longer any need to keep the information. It is therefore up to the data controller to define an adequate retention period for the lead. NB: According to Standard NS-048, customer data relating to commercial prospecting may be kept for up to three years after the end of the commercial relationship. The principle of Opt-in Lead generation should be lawful and fair.

This may take the form of an opt-in strategy whereby the individual’s prior consent will be required to collect their information. This consent must be clear and prior to data collection. In addition, the company must allow the individual to unsubscribe at any time and to forgo any commercial prospecting. The right to rectify, update or delete data Anyone must be able to obtain access to their data in order to update, rectify or even erase them. This principle is laid down in article 40 of the Data Protection Act and concerns data which would be “inaccurate, incomplete, equivocal, out of date” or whose use would be prohibited.

The right of access to information Article 39 of the Data Protection

Act states that any individual, proving their identity, must be able to obtain information relating to the use of their data. Thus, you must be able to provide them to him at any time and without constraint or condition of any kind. The right to information of individuals Article 32 of the 1978 Data Protection Act provides for a first information obligation for the company that will generate the lead. What data has been collected? What purpose ? Who can access it? The person whose data is going to be recovered must be informed about the treatment they are going to undergo. The data security personal Inappropriate use of the information you hold about your customers can lead to breaches of the privacy and even the integrity of the person concerned.

Article 34 of the Data Protection Act provides that “the controller is required to take all necessary precautions with regard to the nature of the data and the risks presented by the processing” to ensure their security. Thus, the person who collects personal data must do everything to ensure that they are not distorted, damaged or that third parties have access to them without authorization. This obligation is a prerequisite for any lead generation! International transfers of customer files that are closely supervised by legal regulations In principle, the transfer of files between member states of the European Union or parties to the EEA does not pose any problem.

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