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 dpo@clientify.com.