How Does New Data Protection Law Affect Direct Marketing

The new law on “personal data protection” forms new issues related to direct marketing. The new law defines direct marketing as the direct and indirect supply of information to an individual and legal entity of goods, ideas, services, work and initiation, image and social interest.

It is not a direct marketing of information by a government entity to an individual if such information is consistent with any of the basis of the data processing provided by this law.

Regardless of the basis of the data collection/acquisition and its availability, the data for direct marketing purposes can only be processed with the data subject’s consent.

In addition to the data subject’s name, surname, address, phone number, and email address, written consent of the data subject will be required for direct marketing purposes.

It should be noted that before accepting the consent of the data subject and carrying out direct marketing, the person responsible for processing the data subject must clearly, simply and in a language that they understand the right to express their consent at any time and the mechanism/rules for the exercise of this right.

Regarding discontinuing data processing for direct marketing purposes, the law states that data processing should be stopped after receiving a relevant request from the subject within a reasonable period, but by seven business days.

Also, the data entity should be able to demand the cease processing of data for direct marketing purposes in the same way direct marketing is carried out or determine another accessible and adequate way to require finish processing, the use of which the data entity must be given clear and easy to understand instructions.

In addition, imposing a fee or other restriction to exercise a data subject’s right to consent is unacceptable.

As far as data processing for direct marketing purposes, it is concerned with violation of rules. A breach of this obligation by the person will result in a warning or penalty of 2,000 – 3,000 Gel (considering the legal form of the subject and annual turnover).

Committing the same action in the presence of aggravating circumstances will result in a fine of 4 000 – 6 000 Gel.