Email and the Law

Feedback On Cookie Law Reform

For email marketing, repeated regulatory change is of concern. Change for no reason increases costs for no purpose. Many of us must have viewed the recent announcement of probable alterations to cookie law with trepidation, especially as the press release was phrased in imprecise terms. ‘Common-sense’ is often used to mean ‘without evidence’. The government … READ MORE »

Does The Children’s Code Affect You?

The Children’s Code is the common name for the Age Appropriate Design Code (AADC), which is described as a data protection code of practice for online services, such as apps, online games, and web and social media sites, likely to be accessed by children. While it’s not specific to email marketing, if your company has … READ MORE »

Could New UK Data Regulations Upset The EU?

The news over the weekend of the recent bank holiday in England and Wales might have seemed exciting to anyone in email marketing, with the culture secretary, Oliver Dowden, calling for new data regulations based on “common sense, not box-ticking”. At last, the promise of a Brexit bonus after all. The announcement of the new … READ MORE »

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 »

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