Telemarketing is perhaps the most famous direct marketing tool we know. At the same time, it is also the most 'intrusive' regarding privacy..

The call is perceived as a true intrusion into our quiet lives.
Unlike an email or SMS, it is unexpected and sometimes arrives at inappropriate times..

Call centers no longer call homes;the recipient receives the call on their mobile number.Hence, the perpetual doubt arises: 'WHO is calling me? What if it’s important? It could be the bank or someone whose number I don’t have saved yet…'

Unable to verify the caller's identity, the need to answer prevails, and you are inevitably overwhelmed by a torrent of unstoppable words that leave you no space to utter the crucial question: 'Who is calling me?'
There’s no turning back; the Pandora's box is already open.
The operator overwhelms the unsuspecting 'interested party' (technically referred to as 'unfortunate') with unsolicited offers far removed from their interests.
And above all, without even explaining when and how they obtained the personal data.

This direct marketing tool has thus become a real social phenomenon over time..
A phenomenon defined by the Privacy Guarantor as 'alarming,'given the surge in illegal conduct in the sector, which has reached proportions requiring heavy penalties and drastic prohibitory measures.

But, Despite all this, telemarketing remains a highly effective marketing tool today..

It all depends on how the company uses it;because compliance with regulations, and thus good conduct,not only helps avoid inspections and penalties.
The interested party (current or potential customer) will be the first to appreciate the correct treatment of their data, privacy, and requests.

When we talk about correctness and compliance in data processing,we don’t just refer to the general adherence to the rules and constraints imposed by regulations.
We are actually referring to the complex of operations, procedures, and criteria based on which the data processing is planned throughout its entire 'lifecycle.'

For example, 'good' data processing involves:
erifying that the data is up-to-date and correct:ensuring that the numbers are valid and associated with the correct name.
Verifying that the user is potentially interested:contacting individuals who closely match the company's customer target.
Collecting and respecting the user’s wishes:if the user indicates disinterest, recording their preference and avoiding further contact (which should then be considered 'undesirable').

The result will benefit the budget invested by the company in executing the telemarketing campaign.

The company will gain evident advantages in terms of:
High-quality contact lists, containing dati aggiornati e verificati;
updated and verified data. High conversion ratesof calls made to potentially interested customers.
Brand and company reputation,demonstrating the ability to listen to and respect the customer.

Let’s then look at some golden rules for using this tool in compliance with regulations while respecting customer trust."

1. Consent
Basic requirement: regardless of the direct marketing tool used, consent is always necessary..
Except for the so-called “soft spam,” the user must have given explicit and unequivocal consent for marketing purposes.

And concerning the consent expressed by the interested party, the keyword is "demonstrability.".
This is especially true if external providers (so-called “List Providers”) are used to obtain third-party contact lists.

Standard clauses and waivers,guaranteeing the correct acquisition of data, are not sufficient..
It is necessary to obtain appropriate,, traceable, and documentedevidence regarding the proper acquisition of consent.

Perhaps the most effective tool among all,despite its simplicity and widespread use (technically speaking), is the famous “Log File.”.
Without going into technicalities, the Log consists of a text string where all operations related to a specific object or activity are recorded and stored..

Thus for a record included in a contact list, through the Log File, I can constantly verify and monitor numerous valuable pieces of information regarding consent:
What consent was given;
When it was given;
When it was (if applicable) modified;
And more..

These are essential pieces of information for accurately and reliably verifying the status of consent.

Useful indications regarding this can also be found in the latest rulings from the Privacy Guarantor..
In the ruling against EGL (Eni Gas e Luce), the Guarantor identified,the analysis of significant data samples, prior to the start of each campaign, as adequate control tools to verify the consent status of the interested parties included in the acquired contact lists.
The availability ,of appropriate data samplesallows the company to easily conduct tests and thorough checks monitoring them over time.

2. The Blacklist
We now come to the correct “management” of consent,which involves the ability to collect requests for opposition and deletion over time.

These requests arean expression of the exercise of the respective rights of opposition to processing and deletion that the regulations grant to individuals.
Failing to detect and record such requests, and therefore not updating the consent (which would have been denied) constitutes a serious violation.