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DIRECT PROSPECTING
BY SMS, EMAILING ...
YOUR OBLIGATIONS
ADVERTISERS
You wish to promote your products or services by sms, mailing or other means of prospecting
direct using similar technology.

What is prospecting
direct?
Direct prospecting, as defined by law 09-08, is the sending of any message
intended to promote, directly or indirectly, goods, services or the image
of a person selling goods or providing services. This is the case, for example,
of a business that seeks to market a product or sell a service.

01

Is it possible to send prospecting messages
direct?
Yes, provided you have the recipient's prior consent to receive
advertising messages and to have declared this processing to the CNDP beforehand
to its implementation.
However, prior consent is not required to launch a campaign.
advertising through the different forms of electronic messaging (sms, email, etc.) if
the advertiser has collected the recipient's contact details directly from them on occasion
a previous sale of products or services similar to those covered by the message from
prospecting.

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DIRECT PROSPECTING
BY SMS, EMAILING ...
YOUR OBLIGATIONS

02

What are people's rights?
In all cases, a person has the right to oppose, free of charge, that they are
sent prospecting messages; and the advertiser is required to provide the
possibility of easily exercising this right. For example, by providing a number
phone or email address or electronic link to unsubscribe
from the list of prospects.

03

Can we outsource a prospecting campaign
direct?
Yes, provided that the service is framed by a legal act or a contract which
guarantee the confidentiality and security of data as well as the rules relating to
Protection of personal data.
If a personal database belonging to the subcontractor is used,
it is also necessary to ensure the legitimacy of the constitution of this database.

04

What are the risks incurred in the event of a violation of prospecting rules?
direct?
Breaches of legal provisions relating to the protection of personal data expose their perpetrators to penalties.
severe. Thus article 59 of law 09-08 provides that "Is punishable by imprisonment of three months to one year and a fine of
20,000 to 200,000 DH or one of these two penalties only, anyone who processes personal data
personnel concerning a natural person despite the opposition of this person, when this opposition is based on
legitimate reasons or when this processing is for prospecting purposes, in particular commercial, as mentioned in article
9 or by electronic means as provided for in article 10 of this law. "

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Address: Angle Boulevard Annakhil and Avenue Mehdi ben Barka, Immeuble Les
Patios, 3 floor Hay Riad - Rabat Morocco - Tel: 05 37 57 November 24 - Fax 05 37 57 21 41
Website: http://www.cndp.ma
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