Both are defects of circuit design rather than of execution, which means they affect every contract concluded through that circuit.
No written consent taken
A dor
The sale is treated as concluded at the end of the call, with a confirmation email sent afterwards. Where the trader initiated the call, and the national regime requires written consent, the contracts concluded this way do not bind the consumer.
A resposta
Redesign of the circuit, with a mechanism for obtaining written consent and a durable-medium confirmation within the national deadline, and a rule that distinguishes inbound from outbound calls.
From unenforceable contracts to validly concluded ones.
Serviço correspondente: Outbound and Direct Marketing Compliance →
Sales circuit reviewed, contact basis not
A dor
The sales process is compliant and the calls that feed it rest on a lawful basis nobody has verified — so the contracts are valid and the contacts that produced them are not.
A resposta
Review that starts at the lawful basis of the contact and follows through to the confirmation, treating the two as a single circuit.
From a compliant sale on an unlawful contact to a compliant circuit end to end.
Serviço correspondente: Electronic Marketing Communications Compliance →
Identify your dominant exposure
The first conversation serves to establish which of these problems is costing your organisation the most.