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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 7ofJune2025) 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

  1. Emails → remain exactly the same: you need prior consent or soft opt-in and you must provide an effective unsubscribe link (unscribe).
  2. WhatsApp Business/API → still requires express consent and the STOP option or equivalent (check the legal informative legends and collect consents expressly and individually).
  3. 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

  1. Review your database → eliminate contacts without proof of consent or that do not comply with soft opt-in.
  2. Activate automatic exclusion from Robinson Lists (Configuration ▶ Compliance ▶ Robinson).
  3. Check your templates → functional unsubscribe link, business data, basic RGPD information layer 1, STOP text.
  4. 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