Tag: Information Commissioners Office

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 »

Review of cookie setting

Email marketing has depended on setting cookies, the text-file tags set on the computers of browsers of websites. They have many functions, the most important from our point of view being to obtain statistics for our email marketing software. To lose the ability to set them would seriously restrict our advantages over other forms of … READ MORE »

Data destruction and email marketing

Email marketing’s dependence on digital information has produced situations where a word in common usage is just not precise enough. Take destroy for instance. One dictionary definition is ‘to ruin completely’. It is not quite that straightforward once we start storing data on computers. The data needs to be legally secure. The Data Protection Act tells … READ MORE »

Destroying personal data

Always make sure that your clients are protected! The Data Protection Act (the Act) has 8 Principles, the fifth of which has the requirement that ‘personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes’. You must delete such data. Delete is … READ MORE »

Self-protection in email marketing

Sometimes there is a certain sympathy when a company is fined for an action which others had been considering. Managing risk is an essential skill in email marketing and when a company, even a competitor, falls just the wrong side of the line the first thought that goes through most people’s mind is relief that … READ MORE »

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