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 7ofJune2025) 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

  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 explicit consent and the STOP option or equivalent (check the informative legal disclaimers and collect consents explicitly and individually).
  3. 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

  1. Check your database → remove 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, company data, basic RGPD information from 1st layer, STOP text.
  4. 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