Tag: Legal

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 »

Responsibilities for Data in Email Marketing

There is a certain degree of confusion as to the comparative responsibilities of data controllers (controllers) and data processors (processors). If you have data, you must have a controller. To put it simply, it is their responsibility if it all goes wrong. They have a distinct legal responsibility. Processors work under controllers. If they make … READ MORE »

The Final Check

The planning is long over and the email is ready to send. Before clicking the button, one last check can stop you wasting your investment in the campaign. Read through the email putting yourself in the frame of mind of the type of subscriber that that particular section of your email marketing list is aimed … READ MORE »

Image and Copy Check-list

Before starting out in e-mail marketing you need to accept one thing: nothing sells itself. If it did it would not be on your shelves. The marketing e-mail depends to a great extent on the words and images that it contains. Before giving the nod to the latest design there are a number of checks … READ MORE »

Data Protection Regulation Vote

I was wrong. I thought that the vote on the amendment to the proposed Data Protection Regulations put forward by the European Parliament's Civil Liberties Justice and Home Affairs Committee (LIBE), fronted by MEP J. Albrecht, would be close. However, the MEPs voted 621 to 10 in favour. The amendment has been heavily criticised, not … READ MORE »

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