The world of commercial prospecting experienced a real revolution in 2018 when the General Data Protection Regulation, the now known GDPR, came into force.

Collection of consent, right of opposition, collection of personal information for a specific purpose… this European regulation has imposed a strict framework on the use of our data.

But while real progress has been made since then, there is still a long way to go to respect our private information.

On the right track

It is very difficult to assess the compliance of all professionals, especially since the GDPR imposes a host of more or less applied measures.

According to the 2022 barometer established by Data Legal Drive, in partnership with Lefebvre Dalloz and the French Association of Corporate Lawyers (AFJE), only 67% of companies have, for example, integrated a CMP (the acronym for "consent management platform"), this famous banner aimed at collecting the consent of visitors for the use of cookies.

More delicate, the collection of the agreement of the users to receive commercial prospecting is, on the other hand, not quantified.

Oranne Giqueaux, expert for Data Legal Drive, a legaltech specializing in corporate compliance, however, notices a positive change in practices: "We no longer have a single box for collecting our consent for several purposes".

However, “some efforts remain to be made” and many consumers still receive newsletters and other advertising by e-mail without having requested them.

Faced with this digital nuisance, you have to have the right reflexes.

We do not tick lightly!

The collection of your confidential information (e-mail, telephone, address) is done, in most cases, through the contact form which allows you to order online.

However, several checkboxes are, in principle, proposed at the end of this step.

"You have to be attentive to what you are doing and take the time to read the information indicated", warns Oranne Giqueaux, before presenting us with the possible scenarios.

You don't want any solicitation from this site?

You must tick a first box which notifies your refusal to receive offers for products and services similar to those you have ordered.

This is a right of opposition.

If you also do not wish to be the recipient of the company's newsletter or its news, you must not tick the box indicating your consent to these mailings.

Finally, in some cases, a last box aims to collect your agreement so that your data can be transmitted to the commercial partners of the brand, by detailing, normally, the approximate number of companies concerned and the type of solicitations that they will be able to carry out. .

Take matters into your own hands

Whether you have given your consent or not, know that you can modify these commercial prospecting parameters at any time.

In addition, any commercial mailing should have an unsubscribe link at the very bottom of the email.

When you click on it, you are in principle sent back to the page which confirms that the request has been taken into account.

OUR “SPAM” FOLDER

Are you still receiving email ads or the link was not available?

According to Oranne Giqueaux, one of the solutions is then to go “to the “privacy policy” section generally available at the bottom of the website.

There you will find a dedicated GDPR contact email.

Use it to request the cessation of solicitations and indicate that your previous requests have not been taken into account”.

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Complaint as a last resort

If despite all your steps you continue to receive electronic solicitations, your last resort is to file a complaint with the National Commission for Computing and Liberties (CNIL).

You can complete the procedure online on the Cnil.fr/fr/plaintes portal.

The authority received 973 complaints in 2021 in terms of commercial prospecting, including 38% by e-mail and 29% by SMS.

Although it is tedious, these reports can encourage the Cnil to trigger checks and,

ultimately

, lead companies to comply with the regulations.

This is what happened to the Accor hotel company, which was fined €600,000 in August 2022 for carrying out commercial prospecting without the consent of users.

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