Tag: Legal

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 »

What it means to be fair

Whilst not specific to email marketing, the Competition and Markets Authority (CMA) has recently published advice on unfair terms under the Consumer Rights Act (the Act) 2015, which became law on 1 October. The intent of this article is to encourage you, or the specific person/department that deals with contracts, to read the guidance and, … READ MORE »

Guidance for fair contracts

The Consumer Rights Act 2015 (the Act) came into force on 1 October. Whilst many commentators forecast the need to rewrite all contracts, in essence its impact should be all but transparent for fair traders. It is not specific to email marketing, but it is vital we understand its implications. The Competition and Markets Authority … 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 »

Consumer Rights Act 2015, an overview

This article is a brief introduction to the Consumer Rights Act 2015 (the Act) which some of those engaged in email marketing suggest is the most important consumer legislation for some years. We will be returning to the Act in detail from time to time. Most of the provisions of the Act will come into … READ MORE »

Prove what you claim in email marketing

Regulatory bodies on both sides of the Atlantic have in recent months had to decide on whether comparative claims used in advertising were fair. Words like best, most, top and such-like make for high open rates in email marketing. The decisions have much in them that is useful when planning a campaign, not the least … READ MORE »

Guidelines for Data Controllers

The Information Commissioner’s Office (ICO) has just issued timely advice in the form of Guidelines (see below for link) with regards to the duties and responsibilities of data controllers (controllers) and data processors (processors) which is especially pertinent for those engaged in email marketing. The Guide contains a considerable amount of information on the differences … READ MORE »

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