Quick guide: Impact of Order TDF/149/2025 on Clientify campaigns
Publication Date: June 2025
1.- Purpose of this guide
This guide, designed for the Help Center of Clientify, summarizes in two pages the scope of the Order TDF/149/2025 (in effect since 7 of June 2025) and details how it affects, or does not affect, email marketing campaigns and WhatsApp Business managed from the platform. It also includes a series of practical compliance recommendations and reminders (consent, STOP mechanism, Robinson Lists, etc.).
2.- What the Order TDF/149/2025 regulates
The regulation DOES regulate | The regulation does NOT regulate |
• Unsolicited commercial calls. • Advertising SMS to mobiles. • Mandatory numbering (landlines, 800/900). • Blocking of spoofing and telephone exclusion lists. | • Email marketing. • OTT messaging (WhatsApp, Telegram, Signal…). • Legal bases RGPD/LSSI for electronic sends. |
Key conclusion: the email and WhatsApp campaigns you run with Clientify do not change their rules due to the new Order. They continue to be governed by the LSSI-CE (art. 21) and the RGPD/LOPDGDD.
3.- Practical impact for Clientify users
- Emails → remain exactly the same: you need prior consent or soft opt-in and you must provide an effective unsubscribe link (unscribe).
- WhatsApp Business/API → still requires express consent and the STOP option or equivalent (check the legal informative legends and collect consents expressly and individually).
- Telemarketing → if you plan to switch to calls, remember that you can no longer use mobile lines; you must hire landline or 800/900 numbers.
In summary: if your flows in Clientify were already RGPD + LSSI compliant, you don’t need technical changes. It is advisable to reinforce traceability and periodically review your contact database.
4.- Frequently Asked Questions (FAQ)
Should I change my email templates? No, unless they do not include an unsubscribe link, full identification, or the word “Advertisement” when applicable.
Do I need consent to send WhatsApp messages to current clients? Yes, unless you have prior traceable consent; there is no soft opt-in for WhatsApp.
Does the Order prohibit using mobile numbers for WhatsApp messages? No; the prohibition only affects calls and SMS.
Can I still use mass SMS from Clientify? Yes, but if they are commercial and unsolicited they must be sent from landline/900 numbers (not mobile) to comply with the new Order.
5.- Recommended Steps
- Review your database → eliminate contacts without proof of consent or that do not comply with soft opt-in.
- Activate automatic exclusion from Robinson Lists (Configuration ▶ Compliance ▶ Robinson).
- Check your templates → functional unsubscribe link, business data, basic RGPD information layer 1, STOP text.
- Document everything → use Clientify reports to export logs of subscriptions, unsubscriptions, and messages.
Once again, the secret lies in consent and how it is gathered.
Correct example of a consent form
- I want to receive commercial communications by email
- I want to receive promotional SMS/WhatsApp
(Without pre-checked boxes and separating communication channels / treatment purposes)
Basic information that you must provide when collecting consent:
In the same form or through a layered system (abbreviated clause of layer 1 with a link to the privacy policy):
- Identity of the responsible party
- Purpose of the treatment (e.g. sending commercial newsletters)
- Legal basis (consent)
- Possible cessions or data processors
- Rights of the interested parties
- How to revoke consent
- Link to the complete privacy policy (e.g.: web)
The consent must be recorded and documented, being able to demonstrate: a) When it was obtained (using and storing logs), b) From which channel (registration of IP, web, app, in-person…), c) What information was offered to the interested party, d) What the user marked or accepted.
ALSO IMPORTANT: Train sales teams on how to properly inform and collect consent, and audit the marketing database to filter out records without valid consent.
Contact: If you have questions, contact us through traditional channels or write to [email protected].
© 2025 Clientify – Internal document for Help Center