On January 1, 2018, the Municipality of Amsterdam introduced the 'yes/yes' sticker. In doing so, it reverses the practice whereby only people who refused to receive unaddressed advertising were excluded. The 'yes/yes' sticker now opts for an opt-in system: only people who explicitly indicate that they wish to receive unaddressed advertising will now receive it in their mailbox. The measure is intended to help combat paper waste, and this appears to be working, as only 19% of Amsterdammers have such a 'yes/yes' sticker on their mailbox, whereas previously approximately one in two Amsterdammers received unaddressed advertising.
The yes/yes sticker is legal
Following the introduction of the 'yes/yes' sticker, the leaflet industry, together with PostNL subsidiary Spotta, took the Municipality of Amsterdam to court. The Amsterdam Court of Appeal has now also ruled that the mandatory 'yes/yes' sticker is legal. Although the trade association may still take further steps towards the Supreme Court, the municipalities of Utrecht and Haarlem, among others, have already indicated that they will follow Amsterdam's example. It is expected that an increasing number of Dutch municipalities will introduce a mandatory 'yes/yes' sticker in the coming years.
A yes/yes sticker really isn't that bad
First and foremost, let us be clear that the introduction of the opt-in sticker is certainly not necessarily entirely bad. We are still awaiting a confirming study, but it seems logical that the return on investment for individuals with an opt-in sticker will be higher than with general advertising leaflets. In other words, you continue to reach this target group, while the overall result is lower marketing costs. As for the remaining target group, the importance of an address database increases. And that is where you enter the realm of the GDPR.
Address list must comply with GDPR rules
Just like email addresses, physical addresses are personal data. Therefore, the rules of the GDPR. Just as with the 'yes/yes' sticker, you may only collect addresses upon a voluntary opt-in. This must be a clear and affirmative action , for example, creating a profile on your website, downloading an e-book, or participating in a promotion. Furthermore, it must also be possible to withdraw the opt-in.
Those who play it smart and offer added value can easily collect address data to set up targeted campaigns later. Just like requesting a 'yes/yes' sticker, withdrawing an opt-in also requires an action, which automatically creates a hurdle. And if they take that step anyway? Then, in principle, you don't need to worry about anything, because you can safely assume they are uninterested. And that you would be better off spending your marketing budget elsewhere.
Make your address list GDPR-compliant
In many cities, it remains possible to reach the general public via unaddressed leaflets. However, everything indicates that this will change in the coming years. This gives you plenty of time to build a large mailing list. Are you planning to set up a campaign or offer an e-book for this purpose? If so, make sure your campaign is GDPR-compliant, as the Dutch Data Protection Authority is also keeping an eye on things.
MKB Juristen helps you move forward. We offer a special GDPR package , in which we first invite you for a free consultation. Subsequently, we draft all the necessary documents for you and ensure that you comply with all GDPR requirements. Schedule a free consultation now.
