Tag: ICO

Email Compliance: DUAA 2025

Email marketing doesn't exist in a vacuum. It operates within a strict and ever-evolving legal framework. The latest edition to the email compliance framework is The Data Use and Access Act 2025 (DUAA), which received Royal Assent on 19 June 2025. While the DUAA does not replace the UK GDPR, the Data Protection Act 2018 (DPA) and … READ MORE »

Is Your Email List Personal Data Under UK GDPR?

Spoiler: it probably is. And that matters – a lot. Because if your email marketing list contains personal data, then UK GDPR rules apply. That means obligations, responsibilities, and a serious risk of fines or claims if you mess it up. If that gave you a mild adrenaline spike – good. You're paying attention. What Is Personal Data, Really? The … READ MORE »

The ICO’s Guide for Email Marketers

As financial pressures weigh heavily on SMEs, especially those relying on email marketing, some important reminders may have slipped under the radar. One of them? Data Protection Day – marked every year on 28 January. The ICO (Information Commissioner’s Office) certainly didn’t miss it. This year, the ICO used the opportunity to urge the UK’s 5.5 … READ MORE »

Even Big Names Can Botch GDPR – Spectacularly

You'd think a department holding data on 28 million children would treat it like gold dust. Instead, the Department of Education (DfE) handed access to a company that then used it for online gambling. Yes, really. According to the ICO, between 2018 and 2020, one company with no legitimate reason to access the Learning Records Service (LRS) database … 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 »

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 Altruism Can Gain New Subscribers

The ICO has been very strict with regards to profiteering from Covid-19 response and lockdowns. Tell a lie in a marketing email and you are in the crosshairs. That should not stop you from experimenting with ways of gaining an advantage because of lockdown and people’s wish for more dependable information. Google is a ready … 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 »

How To Comply With ICO Working From Home

It might be fair to say that many email marketing companies view the Information Commissioner’s Office (ICO) with a degree of trepidation. They take pleasure in listing the latest penalties they have imposed on their website. It’s enough to make anyone nervous. However, they normally also list the criteria they will use to judge you, … READ MORE »

ICO’s Approach To Regulations During Covid-19

The Information Commissioner’s Office has, presumably under instruction, accepted that those companies with personal data are experiencing significant difficulties during the lockdown; and none more so than us in email marketing. It promises to approach the law with all the flexibility allowed, and that it will concentrate on the greatest threats. It’s not a carte … READ MORE »

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