The Agency for Information and Privacy requires businesses to respect privacy principles in cases of direct marketing applications through phone calls or sending SMS to citizens.

The Information and Privacy Agency has received a significant number of complaints from citizens who have received direct marketing (SMS or phone calls) from various businesses in order to promote their products and offer their services.

In an effort to raise businesses’ awareness of the importance of complying with the Personal Data Protection Law, it is essential that any direct marketing activity complies with legal criteria. Just as marketing is an important part of the success of businesses, compliance with legal criteria also affects the success and reputation of businesses.

The Agency for Information and Privacy calls on businesses to ensure that this action is in harmony with the law, by applying the following actions in case of marketing application through phone calls or sending SMS to citizens:

Obtain prior consent: Consent must be clear, informed and freely given by citizens for the processing of their personal data for marketing purposes. This consent must be obtained prior to commencing the marketing application.

Give them the right to withdraw: Citizens (consumers) should have the right to withdraw their consent at any time, and this should be an easy-to-follow and cost-free procedure.

Receive the minimum data: The processing of personal data should be limited to only the personal data that is necessary for the defined marketing purpose.

Notify them clearly: Citizens (consumers) must be clearly informed about the identity of the data controller (business) and the purpose for which their personal data will be used.

The implementation of these measures will help not only in respecting the law, but also in building the trust and transparency of businesses with citizens. Failure to comply with these requirements can result in large fines and damage to the business’s reputation.

In order to be in harmony with the Law on the Protection of Personal Data, the Agency for Information and Privacy in cooperation with the OSCE, has prepared the Guide for the Processing of Personal Data for the Purpose of Direct Marketing, which you can find in the following link :