MANAGING THE RELATIONSHIP WITH A LEAD GENERATOR, GOOD REFLEXES
Posted: Wed Dec 04, 2024 6:45 am
Today, the activity of lead generators is faced with a paradox: having become an important lever in the acquisition of new customers, it is increasingly subject to significant sanctions, from the DGCCRF or the CNIL. In addition, since the “Foriou 1 ” sanction, the sanctions imposed by public authorities are no longer limited to one operator but to an entire sectoral value chain…
The sanction highlights issues that have become crucial for any operator wishing to use lead generators: the need for accountability and the need to supervise contractual relations.
For this reason, and in the face of a niche sector that remains armenia telemarketing data complex and difficult to understand at first glance, we have listed points of vigilance on which we believe it is important to focus in order to limit the risk as much as possible, before and during the service.
1. Ensure the level of maturity of the lead generator in terms of GDPR:
Before contracting with a lead generator, you should always be interested in their practices.
Today, even if any actor processing personal data has the obligation to comply with the GDPR, not all have the same level of maturity.
We can therefore only advise checking this level of maturity.
The purpose of this audit is to ensure that the GDPR rules are respected on the one hand and on the other hand to document its own compliance.
Do not forget that in the event of a CNIL audit, any company must be able to show that it has adopted a responsible stance.
On this subject, the CNIL specifies what it expects in terms of controls: “first of all notes that it results from these provisions that in its capacity as data controller, the company (…) is required to verify itself that the conditions allowing it to carry out commercial prospecting operations are met. In this regard, the liability of an organization could be retained by considering that a simple contractual commitment of its data broker to comply with the GDPR and the rules applicable to commercial prospecting did not constitute a sufficient measure”.
1https://www.legifrance.gouv.fr/cnil/id/CNILTEXT000049231950
But then what should we check in practice?
that the prospect has obtained all the information necessary to properly understand the collection and processing of their data: in practice, ensure that they know who/how/why;
that the prospect, once informed, actively and unequivocally consents to the collection and processing of his data under the conditions of which he was informed;
that the lead generator asks the right questions to the prospect in order to really target their needs.
By asking these questions upstream of the service, we document its compliance, we make ourselves responsible and we guarantee that the principle of privacy by design is taken into account from the start, that is to say, configuring the service so that it is, in principle, compliant with the applicable regulations.
2. Prioritize lead generators with legal teams
Until recently, lead generators were not in the spotlight in terms of sanctions imposed by public authorities. Recently, we have been hearing regularly that this or that player is not complying with the legislation.
In this context, a determining factor in the selection of your lead generator given its maturity may be the presence or absence of a legal resource. These resources are proof that regulatory issues are taken into account by lead generators but above all are the guarantee of having a qualified and privileged contact on sometimes complex subjects.
Then, and as in the context of a call for tender, the lead generator that will be selected should meet a certain number of criteria including compliance with regulatory standards.
It is therefore important on the one hand to establish this grid with your legal department and to ensure that, on the other hand, these standards are respected.
3. Contractually frame the customer relationship
The sanction highlights issues that have become crucial for any operator wishing to use lead generators: the need for accountability and the need to supervise contractual relations.
For this reason, and in the face of a niche sector that remains armenia telemarketing data complex and difficult to understand at first glance, we have listed points of vigilance on which we believe it is important to focus in order to limit the risk as much as possible, before and during the service.
1. Ensure the level of maturity of the lead generator in terms of GDPR:
Before contracting with a lead generator, you should always be interested in their practices.
Today, even if any actor processing personal data has the obligation to comply with the GDPR, not all have the same level of maturity.
We can therefore only advise checking this level of maturity.
The purpose of this audit is to ensure that the GDPR rules are respected on the one hand and on the other hand to document its own compliance.
Do not forget that in the event of a CNIL audit, any company must be able to show that it has adopted a responsible stance.
On this subject, the CNIL specifies what it expects in terms of controls: “first of all notes that it results from these provisions that in its capacity as data controller, the company (…) is required to verify itself that the conditions allowing it to carry out commercial prospecting operations are met. In this regard, the liability of an organization could be retained by considering that a simple contractual commitment of its data broker to comply with the GDPR and the rules applicable to commercial prospecting did not constitute a sufficient measure”.
1https://www.legifrance.gouv.fr/cnil/id/CNILTEXT000049231950
But then what should we check in practice?
that the prospect has obtained all the information necessary to properly understand the collection and processing of their data: in practice, ensure that they know who/how/why;
that the prospect, once informed, actively and unequivocally consents to the collection and processing of his data under the conditions of which he was informed;
that the lead generator asks the right questions to the prospect in order to really target their needs.
By asking these questions upstream of the service, we document its compliance, we make ourselves responsible and we guarantee that the principle of privacy by design is taken into account from the start, that is to say, configuring the service so that it is, in principle, compliant with the applicable regulations.
2. Prioritize lead generators with legal teams
Until recently, lead generators were not in the spotlight in terms of sanctions imposed by public authorities. Recently, we have been hearing regularly that this or that player is not complying with the legislation.
In this context, a determining factor in the selection of your lead generator given its maturity may be the presence or absence of a legal resource. These resources are proof that regulatory issues are taken into account by lead generators but above all are the guarantee of having a qualified and privileged contact on sometimes complex subjects.
Then, and as in the context of a call for tender, the lead generator that will be selected should meet a certain number of criteria including compliance with regulatory standards.
It is therefore important on the one hand to establish this grid with your legal department and to ensure that, on the other hand, these standards are respected.
3. Contractually frame the customer relationship