Under the GDPR, marketers would need to re-establish consent (or another lawful basis) to use an individual’s email address or any other personal data for another purpose. 3 WP 259. As PECR does not cover postal marketing, does that mean that I can collect personal data for DM without consent? Clearwater is a Certified Information Privacy Professional (CIPP/US) and is a licensed privacy attorney in Maine and Massachusetts. for the performance of a contract. Within the GDPR text one single phrase has vexed me for months: The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest. Yes. It is true that legitimate interests provides flexibility to data controllers, but it is important to note that with flexibility comes risk that a supervisory authority might disagree with your LIA and thus your reliance on legitimate interests as a legal basis for a given processing activity. To begin with, marketing under the GDPR (whether postal, phone, e-mail, SMS or any other form of marketing) is regulated exactly like any other data processing activity. GDPR and Direct marketing white paper demystifies the GDPR and ePrivacy for both DPO and a CMO, with real-life examples and useful information Through those processes you have contact details and other data provided by your customers and prospects which you use to generate or populate that marketing. But some basic information is necessary to fulfil a transaction, and is both “legitimate”, expected and should not be obstructed by a consent statement. The UK Information Commissioner’s Office (ICO) breaks this down into a three-part test: The completed LIA can then be used to demonstrate to a supervisory authority, if necessary, that full consideration was given to the interests of all affected parties, including to the potential benefits and harms that could stem from the activity. Put another way sending an email in the UK without an opt-in would not contravene GDPR but would contravene PECR. Direct marketing is the Old Faithful of the marketing comms mix. Emarsys UK Ltd Comply to GDPR with our Direct Mail Marketing Services. GDPR and Direct marketing white paper demystifies the GDPR and ePrivacy for both DPO and a CMO, with real-life examples and useful information GDPR however, is not the only European law or regulation that covers the email marketing industry. You can make plans for your direct mailing initiatives without panicking about explicit consent, as long as your data processing meets the GDPR regulations and you can demonstrate the potential benefits to the end consumer. However, this could prove difficult from an operational standpoint. ... for use in direct marketing and for the purposes of scientific and historical research and statistics. Guide to Direct Marketing The General Data Protection Regulation (GDPR) comes into force on 25, May 2018, and requires anyone collecting and using personal data such as email addresses, to provide those people with details about what we are using their data for. And like consent, legitimate interest is one of them. 4 WP 259. According to Art. The Information Commissioner's Office (ICO) opened a consultation on a new draft direct marketing code last week in which it has encouraged businesses to plan their direct marketing activities. Through those processes you can demonstrate clear and specific consent. To put it simply, consent is a data subject’s indication of agreement to the processing of their personal data, and thus putting control in the hands of the data subject. Our Advertising Sending direct marketing messages No matter which method you use for sending direct marketing messages the GDPR … This will ensure we have one data protection law and increase individual rights Over the last year, the legal team at the Direct Marketing Association have been working to decipher the GDPR to ensure that marketing companies are aware of the new rules and can remain compliant. Therefore, the decision-making process should include multiple stakeholders, including legal, privacy, marketing and executive management, to name a few, as cooperation between these groups will be vital to success. With this in mind, it is important to note that Article 21 of the GDPR states that “[w]here personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing” and that “[w]here the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.” Moreover, this right must be “explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.”7. Consent vs L… Our Advertising For example, during an online purchase you have to provide contact, payment and address information, and the seller will have to record your transaction. Direct marketing under the GDPR is treated the same as any other data processing – you will need to show that you have a lawful basis for collecting and processing data from customers, with consent being one such lawful basis. It would be unnecessarily obstructive, annoying and off-putting for the seller to have to explain this and to obtain a record that the purchaser understood and agreed to this data collection and use. If you notify a company that you object to them processing your personal data for direct marketing purposes, it means they must stop, or not begin, sending you marketing material or contacting you for marketing purposes. Amazon UK provides two helpful examples of this. 1 GDPR, Article 6(1)(f). Progressive Media Group Limited Outsourcing your direct mail solves some big problems – namely ensuring you stay GDPR complaint. GDPR requirements for Direct Marketing When conducting direct marketing communication, there are certain baseline requirements dictated by the GDPR and call for full compliance with: • Lawfulness, fairness and transparency principle At this point PECR rears its head again and tightens up exactly how Legitimate Interest can be used in some situations. Where the direct marketing involves electronic communications, however, is where things get muddy. 1 The data subject shall have the right to object, on grounds relating to his or her particular situation, … Terms of Use. According to the GDPR, if personal data is used for direct marketing, the data subject has the right to object against such processing. The GDPR applies wherever you are processing ‘personal data’. First Move operates under strict legislation policies. In fact, 3 household brands have already been fined. In this role, Clearwater provides counsel, leadership, and guidance on all legal issues relating to OneTrust’s corporate environment. Under the GDPR, one of the ways in which personal data may be processed is where the “processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.”1 Implicit in this legal basis, and in combination with Article 5’s ‘accountability’ principle, is the need to document a legitimate interests assessment (LIA). GDPR however, is not the only European law or regulation that covers the email marketing industry. Article 21 of the GDPR states that “where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing” and that “where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.” even if opt-in consent is not required before sending marketing emails, the GDPR … Direct Marketing Under the GDPR. GDPR is a golden opportunity for marketers. He is CIPP/US, CIPP/E, CIPM and CIPT certified, and is a licensed attorney in New Hampshire. Since the introduction of the GDPR, attention to direct marketing has increased, as it has received a lot of questions about data protection. Interests requires a certain level of comfort with uncertainty interest can be used in some situations with.. Cipp/Us ) and is a difficult question to answer, and technology.. 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