GDPR / PECR – We can help YOU with your Marketing…..
** STOP PRESS** As of 17 December 2018 – Company Directors (and Senior Offices) can be PERSONALLY fined upto £500,000.00 by the ICO if they, or their companies, send unlawful electronic marketing. The ICO can do this if the breach of GDPR / PECR “took place with the consent or connivance of the officer” or “was attributable to any neglect on the part of the officer”. ** STOP PRESS**
If you need help with your marketing and want to know what you can (and can’t) do, please get in touch to see how we can help you. So many companies are still getting it wrong!
The Data Protection Act 2018 (DPA) defines direct marketing (DM) as:
“the communication (by whatever means) of advertising or marketing material which is directed to particular individuals”
This includes marketing communications sent by post, email, text messages and telephone.
If you do any direct marketing you must comply with the requirements of:
- the GDPR, the DPA and;
- if the direct marketing is digital, you also have to contend with:
- Privacy & Electronic Communications (EC Directive) Regulations 2003 (the PECR)
Do Marketing Agencies ever get it wrong? – You bet ‘ya!!
We can help with Data Protection Policies for Direct Marketing, Privacy Statements for recipients of direct marketing, guidance for your staff on direct marketing and Legitimate Interest Assessments so that you can document your arguments for direct marketing using legitimate interest. Many organisations confuse ‘opt in’ ‘soft opt in’ ‘opt out’ etc. – we can clarify exactly what’s what for you…
In the same way that the Data Protection Act 1998 has been replaced in the UK by the GDPR and the DPA 2018 it is also expected that the PECR will be replaced on by a new EU ePrivacy Regulation and some accompanying regulations (although ‘when’ is a guess? – it has already been pushed back)
These regulations will have a huge impact on many issues, including:
- the potential penalties for non-compliance
- the way in which consent is obtained
- the way in which records of consent are managed
- the use of bought email lists
We’re only a ‘click’, call or e-mail away – so get in touch.