Tag: Information Commissioners Office

Email marketing’s compliance with the GDPR

Two months ago we mentioned that you should start preparing for the effects of the General Data Protection Regulation (GDPR) soon. The Information Commissioner’s Office (ICO) has gone one step further and suggested you should begin now. For all of us in email marketing and data retention their 12-step advice document is a must read. … 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 »

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 »

No Safe Harbour and email marketing

Let's make one thing clear from the start: the dust hasn't settled over the ECJ's decision on Safe Harbour. At the moment there are accepted facts, some things which we can define as probable and others that we have no idea about at all. To make matters a little more complicated, there is a certain … READ MORE »

Life after Safe Harbour

There has been a fair bit on the internet about the ECJ's rejection of Safe Harbour (SA), the agreement between the USA and the EU which sets a catch-all agreement for the transfer of data between the USA and the EAA. There has been little new information of help for email marketing. Some things have … READ MORE »

Problems with Principle 8 and email marketing

The European Court of Justice has decided that the Safe Harbour Scheme (SHS) does not provide adequate protection for data transferred to the USA and therefore it falls outside Principle 8 of the Data Protection Act. In essence the court has recognised that agreements cannot be binding on national governments. The court ruling stated: "legislation … READ MORE »

The end of Safe Harbour for email marketing

Tuesday's finding of the European Court with regards the Safe Harbor Scheme (SHS) no longer being recognised as providing adequate protection for data transferred to the USA gives rise to fundamental concerns for email marketing. On these pages we warned of the risks of sending data to the USA well before the access that NSA … READ MORE »

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