Email and the Law

Privacy Shield & email marketing

It was a mistake to stipulate a deadline for the Article 29 Working Party to produce a replacement Safe Harbour after it was successfully challenged by Hanff, a law student, in the EU court. Email marketing, with its dependence on personal data, needed a clear and enforceable plan and not something cobbled together in a … READ MORE »

European Data Protection Regulations

The European Commission has just published what is in effect a draft of the proposed European Data Protection Regulations (DPR), the replacement in many ways of the Data Protection Directive. It is not expected to become law until late 2017 at the earliest, and probably 2018. So why should anyone in email marketing bother about … READ MORE »

The European Data Protection Regulations

Is it anything to do with email marketing?  The proposed European Data Protection Regulations (DPR), replaces the Data Protection Directive, and the change from Directive to Regulations is significant. It means that it does not require ratification by each individual member country. Once passed it become law. For a common market, having various regulations in … READ MORE »

Look after your email lists

A fine of £130,000 would, you might expect, generate enough sympathy to leave some to spare.  The company suffering the fine was Pharmacy2U (PtU), the largest NHS-approved online UK pharmacy, following an investigation by the Daily Mail. The Information Commissioner’s Office could have gone up to £500,000 under S. 55 Data Protection Act and you … READ MORE »

Data protect – a warning

There is always something to learn from other people's success. You can discover why they did well, perhaps find a critical point where you might have formed a different plan. You now know what works. It is the same with the mistakes of others, even where their errors of judgement were clear. Pharmacy2U Ltd (PtU), … READ MORE »

Safe Harbour 2: the saviour of email marketing?

Things have moved on to a limited degree since the final decision in the  Schrems v Data Protection Commissioner case which just about demolished the Safe Harbour provisions for data transfer to the USA. In what is seen as a significant move, the US Congress has passed, virtually nodded through, the Judicial Redress Act. It … READ MORE »

Safe Harbour: light at the end of the tunnel?

The Judicial Redress Act 2015 has passed through the US House of Representatives (The House) almost 'on the nod'. It gives foreigners the same rights of redress against American law enforcement agencies if they violate the right to privacy of data.  Both houses of Congress are historically reluctant to allow those outside the USA equivalency … READ MORE »

What it means to be fair

Whilst not specific to email marketing, the Competition and Markets Authority (CMA) has recently published advice on unfair terms under the Consumer Rights Act (the Act) 2015, which became law on 1 October. The intent of this article is to encourage you, or the specific person/department that deals with contracts, to read the guidance and, … READ MORE »

Guidance for fair contracts

The Consumer Rights Act 2015 (the Act) came into force on 1 October. Whilst many commentators forecast the need to rewrite all contracts, in essence its impact should be all but transparent for fair traders. It is not specific to email marketing, but it is vital we understand its implications. The Competition and Markets Authority … READ MORE »

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