Guida rapida: Impatto dell'Ordine TDF/149/2025 sulle campagne di Clientify
Publish 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 doesn’t affect, the campaigns for email marketing and WhatsApp Business managed from the platform. It also includes a series of recommendations and practical reminders for ongoing compliance (consent, STOP mechanism, Robinson Lists, etc.).
2.- What Regulates Order TDF/149/2025
The regulation does control | The regulation does NOT control |
• Unsolicited commercial calls. • Advertising SMS to mobiles. • Required numbers (landlines, 800/900). • Spoofing blocking and phone exclusion lists. | • Email marketing. • OTT messaging (WhatsApp, Telegram, Signal…). • Legal bases RGPD/LSSI for electronic communications. |
Key Conclusion: the email and WhatsApp campaigns you perform 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 explicit consent and the STOP option or equivalent (check the informative legal disclaimers and collect consents explicitly and individually).
- Telemarketing → if you plan to move to calls, remember that you can no longer use mobile lines; you’ll need to hire landline or 800/900 numbers.
In summary: if your flows in Clientify already complied with RGPD + LSSI, you don’t need technical changes. It’s advisable to reinforce traceability and periodically review your contact database.
4.- Frequently Asked Questions (FAQ)
Do I need to change my email templates? No, unless they do not include an unsubscribe link, full identification, or the word “Advertising” when applicable.
Do I need consent to send WhatsApp to existing customers? Yes, unless you have traceable prior 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 a landline/900 number (not mobile) to comply with the new Order.
5.- Recommended Steps
- Check your database → remove 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, company data, basic RGPD information from 1st layer, STOP text.
- Document everything → use Clientify reports to export logs of sign-ups, unsubscriptions, and messages.
Once again, the secret lies in consent and how it is collected.
Correct Example of a Consent Form
- I wish to receive commercial communications by email
- I wish to receive promotional SMS/WhatsApp
(No pre-checked boxes and separating communication channels / purposes of processing)
Basic information you should provide when collecting consent:
In the same form or via a layered system (abridged clause of 1st layer with a link to the privacy policy):
- Identity of the responsible party
- Purpose of processing (e.g., sending commercial newsletters)
- Legal basis (consent)
- Possible transfers or processors
- Rights of the interested parties
- How to revoke consent
- Link to the complete privacy policy (e.g., website)
Consent must be recorded and documented, allowing you to demonstrate: a) When it was obtained (use and storage of logs), b) From which channel (registration of IP, website, app, in-person…), c) What information was provided to the interested party, d) What the user checked or accepted.
IT’S ALSO IMPORTANT: To train commercial teams on how to correctly inform and collect consent, and audit the marketing database to purge records without valid consent.
Contact: If you have any questions, contact us through traditional channels or write to [email protected].
© 2025 Clientify – Internal document for Help Center