Key GDPR and ePrivacy Principles for Telemarketing in 2025
Posted: Sat May 24, 2025 8:57 am
1. Lawful Basis for Processing Personal Data (GDPR Article 6)
For any telemarketing call, you must have a "lawful basis" to process the personal data of the individual you are calling (e.g., their name, phone number, company information). The two most common lawful bases for direct marketing are:
Consent (for B2C Telemarketing):
Strict Requirement: For telemarketing calls to individual australia phone number list consumers (B2C), prior explicit consent is generally required. This consent must be:
Freely given: No coercion, no bundling with terms and conditions unless absolutely necessary for the service.
Specific: Given for telemarketing for your specific purpose/product, not a generic "marketing" consent.
Informed: The individual must know who is calling, why, and what their data will be used for.
Unambiguous: A clear affirmative action (e.g., ticking a box, verbal confirmation, not pre-ticked boxes or inaction).
Revocable: Easy for the individual to withdraw consent at any time.
Evidence is Key: You must be able to demonstrate that valid consent was obtained (e.g., timestamped records of online opt-ins, notes of verbal consent with details of what was said). The ICO (UK regulator) has fined companies for failing to demonstrate valid consent.
Legitimate Interest (for B2B Telemarketing and some B2C cases):
More Flexible for B2B: For telemarketing to individuals at a business (B2B telemarketing), "legitimate interest" can often be a valid lawful basis. This is generally permissible if:
You have a genuine, legitimate reason for contacting them (e.g., offering a product or service that is genuinely relevant to their professional role or company).
The processing is necessary for that legitimate interest.
Your interest does not override the fundamental rights and freedoms of the individual (a "balancing test").
Key Considerations for B2B Legitimate Interest:
Transparency: You must still inform the individual that you are processing their data and provide information about their rights (including the right to object).
Right to Object: Crucially, individuals always have an absolute right to object to direct marketing, and you must honor this promptly.
Context: Was their contact information obtained in a professional context? Is your offering genuinely relevant to their professional duties?
For any telemarketing call, you must have a "lawful basis" to process the personal data of the individual you are calling (e.g., their name, phone number, company information). The two most common lawful bases for direct marketing are:
Consent (for B2C Telemarketing):
Strict Requirement: For telemarketing calls to individual australia phone number list consumers (B2C), prior explicit consent is generally required. This consent must be:
Freely given: No coercion, no bundling with terms and conditions unless absolutely necessary for the service.
Specific: Given for telemarketing for your specific purpose/product, not a generic "marketing" consent.
Informed: The individual must know who is calling, why, and what their data will be used for.
Unambiguous: A clear affirmative action (e.g., ticking a box, verbal confirmation, not pre-ticked boxes or inaction).
Revocable: Easy for the individual to withdraw consent at any time.
Evidence is Key: You must be able to demonstrate that valid consent was obtained (e.g., timestamped records of online opt-ins, notes of verbal consent with details of what was said). The ICO (UK regulator) has fined companies for failing to demonstrate valid consent.
Legitimate Interest (for B2B Telemarketing and some B2C cases):
More Flexible for B2B: For telemarketing to individuals at a business (B2B telemarketing), "legitimate interest" can often be a valid lawful basis. This is generally permissible if:
You have a genuine, legitimate reason for contacting them (e.g., offering a product or service that is genuinely relevant to their professional role or company).
The processing is necessary for that legitimate interest.
Your interest does not override the fundamental rights and freedoms of the individual (a "balancing test").
Key Considerations for B2B Legitimate Interest:
Transparency: You must still inform the individual that you are processing their data and provide information about their rights (including the right to object).
Right to Object: Crucially, individuals always have an absolute right to object to direct marketing, and you must honor this promptly.
Context: Was their contact information obtained in a professional context? Is your offering genuinely relevant to their professional duties?