Email and the Law

Regulatory Oversight Post Adequacy Agreement

First, the good news for those in email marketing who are based only in the United Kingdom, are processing personal data and are unlikely to affect individuals in any other EU or EEA state: the answer is the ICO. However, UK-based controllers or processers who carry out cross-border processing of personal data, across member state … READ MORE »

Do UK Companies Require An EU Representative

It is quite refreshing to be able to be definitive with regards a question on email marketing; not something which I am all that familiar with, but I’ll give it a go. You require a European representative if you are a UK-based controller or processor with no offices, branches or other establishments in the EEA, … READ MORE »

The ASA Focusses On Misleading Pricing

The Advertising Standards Agency could not be clearer in what they see as the adverts they will target. Recently, they have indulged themselves with actions against a number of advertisers where they believed the headline offer to be misleading. It is a warning for us in email marketing that risky behaviour needs to be thought … READ MORE »

Changes To Subject Access Requests

Email marketing lists are the key to success in our business, but with them comes responsibilities which must be complied with under threat of legal penalty. But even strict compliance doesn’t mean there’ll be no problems. Some companies have experienced difficulties with regards to nuisance subject access requests (SARs) and the recent legal High Court … READ MORE »

ICO Guidance On Personal Health Data

With the end of Covid restrictions in sight, if you have good eyesight, you are probably feeling a little euphoric. Maybe your short-term problems are over. A return to normal-ish email marketing campaign planning is surely just around the corner. It’s not a return to the ‘old days’. There are a number of factors with … READ MORE »

How To Export In The Post Brexit World

The Biblical quotation, “For now we see through a glass, darkly;”, nicely described the situation for email marketing immediately post-Brexit. Whether or not it has delivered is of little consequence to us at the moment as all we want to know is how to deal with the day-to-day reality of trading not only with the … READ MORE »

How TV Crime Drama Can Negatively Affect Data

Television crime drama is frustrating for anybody in email marketing who has control of personal data as the myth that it cannot be shared is reinforced time and again as the police investigator comes up against the block of, ‘I can’t share that with you because of data protection.’ I sometimes feel the obligation to … READ MORE »

Advice In The Post Transition Period

Whatever the results of the negotiations for the end of the transition period, we will have to manage the fallout. One problem for those giving advice is that the situation varies from company to company, product to product and from domestic to international. SMEs are probably going to be the hardest hit. Many depend on … READ MORE »

Data Protection And The Transition Period

Data protection at the end of the transition period for SMEs   Guidance and resources to help businesses and organisations better prepare for data protection compliance if we leave without an adequacy decision. The UK left the EU on 31 January 2020. There is now a transition period until 31 December 2020 while the UK … READ MORE »

The Positives And Negatives Of GDPR

This is not going to be an overview of the entire effects of the Regulations, but mainly how the provisions have affected email marketing. Many suggested, during the prolonged gestation of the GDPR, that the compromises forced on the regulators would ensure that it would be toothless and unfocused. Has this turned out to be … READ MORE »

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