Keen & GDPR: What does the lead consent to?
When a lead is referred from one partner to another, their personal data moves between two independent controllers. Here's what the lead is consenting to.
When a lead is referred from one partner to another, their personal data moves between two independent controllers. As we explain in the companion article Keen & GDPR: Who needs a DPA?, that controller-to-controller sharing relies on a legal basis rather than a DPA - and in a referral, that basis is usually the lead's consent. Here's what the lead is consenting to.
The data moves in two directions
A referral isn't a one-way hand-off. The lead's data actually moves twice:
- Forward - the lead's details go from the referring partner to the receiving partner, so the receiving partner can follow up.
- Back - the receiving partner reports the outcome to the referring partner: did the lead go on to buy? This is what makes the referral, and any commission, work.
Why a double consent
Because the data travels both ways, the consent the lead gives needs to cover both directions - the forward share and the report back. We call this a double consent.
Capturing it up front has a practical benefit too: the receiving partner never has to go back to the lead afterwards to ask "is it okay if we tell the referring partner what you did?" - which would be an awkward moment in the customer journey. The lead agrees to the whole flow at the start.
What flows back stays minimal
The report back only needs to carry what the referral actually requires - typically the lead's status (for example, converted or not) and, where commissions apply, a purchase amount. Nothing more about the lead needs to travel back.
How you set it up is your call
Exactly how the double consent is worded, collected and recorded happens on your own platform and is your decision to make. Our role is simply to flag that a double consent is needed for the flow to work cleanly; the specifics of how you obtain and record it are for you and your own advisors.
Not legal advice. This article is general information to help you understand how referrals work on Keen. It isn't legal advice, and you remain responsible for your own legal and compliance decisions - please check with your own advisor.