Commercial communications: the balance between winning over the customer and complying with the law

21/11/25

Commercial communications: the balance between winning over the customer and complying with the law

In the tourism sector, promotional campaigns are the driving force of the season. A newsletter with the best offers, a WhatsApp message to the loyal customer or a call to present a new destination... common actions, yes. But also processing of personal data subject to strict regulation.

The Spanish Data Protection Agency insists: sending commercial communications is not just a matter of marketing, but of legal compliance. Each mail, message or call must be supported by a valid legal basis and respect the right of recipients not to receive unwanted advertising.

Express consent or, in very specific cases, legitimate interest are the only legal keys to open the door to commercial communication. Otherwise, the processing is considered unlawful and may result in penalties for violation of data protection regulations.

Have you ever stopped to think about...?

If you could demonstrate how and when you obtained the consent of your subscribers or customers to receive your commercial communications.

If in all your mailings you include a simple and visible way for the user to unsubscribe at any time.

If you check the Robinson List before contacting potential new customers.

If you have clearly defined boundaries between your own promotional campaigns and those of your partners or companies in the same group.

Communication with your customers is essential, but so is maintaining their trust and complying with the law.

At TOURISM & LAW we help you review your marketing practices, adapt your databases and ensure that your communications are as legally secure as they are commercially effective.