Tag: Legal

The impossible dream for email marketing?

Many suggested that a replacement for the defunct Safe Harbour would require major changes in the ethos of the USA security services and so was unlikely to come to fruition. The short deadline given to the committee tasked with producing its replacement merely exacerbated the problems. But to defy the nay-sayers, we have the proposed … READ MORE »

Privacy Shield and email marketing

On 29 February the European Commission published its delayed update on the Privacy Shield which will, it suggests, restore trust in transatlantic data flow. It does this via an umbrella agreement ensuring high data protection standards. It guarantees, it says, that there will be no mass surveillance by the USA because of robust obligations placed … READ MORE »

Is the GDPR a threat to email marketing?

It might be difficult to work up sufficient enthusiasm for something that will not be here for another two years at least. What if I told you it could give you an edge? The draft EU General Data Protection Regulations (GDPR) was published in January this year and now goes into the negotiation phase preparatory … READ MORE »

Preparing for the EU data protection rules

Whilst all companies deal with the personal details of customers, the EU General Data Protection Regulations (GDPR) is of especial interest to those involved in email marketing. The requirements of the new rules, although unlikely to be law before 2018, are such that planning needs to start soon. Implementation of the plans should start only … READ MORE »

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 »

Safe Harbour is dead, long live . . .

Safe Harbour, the agreement between the USA and the EU allowing the transfer of personal data to the USA, was challenged in the European court and whilst it is never wise to précis a legal decision, in essence it said the USA did not have equivalent protection for personal data to that in the EU. … 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 »

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 »

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