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 dpo@clientify.com.