Data Protection Regulations: Are you at risk?   ICO EnforcementNatasha Longson, Enforcement Manager

Background

What does the Law say…

Regulation 22• Relates to Individual Subscribers• Relates to the Transmission and the Instigation of unsolicited communications

for Direct Marketing.• Requires specific ‘opted in’ consent.

Things to Consider

Truth• Affiliates will often use 3rd Party

Data• Most affiliates won’t allow

access to their data lists• Affiliates are responsible for

their data lists

Reality• R22 states that organisations

require specific Opt In• Operators have to screen

against self exclusion lists under the GC’s Licence conditions and codes of practice (LCCP).

• Operators are responsible for their Affiliates

Optical Express v ICORegulation 22

You can only send text where you have consent or where youHave obtained the contact details of the recipient of thatElectronic mail during the course of the sale or negotiations forthe sale of a product or service to that recipientOptical Express decision para 100“It is therefore clear that in order to be able to rely on these provisions the sender must have an existing relationship with the recipient. In no other way can marketing texts be sent without consent”

Changes in the Law• Bigger implications for Organisations• Directors Liability• GDPR Consent will be ‘opted in’• E –privacy Directive under review• Updates from the ICO on our Website: www.ico.org.uk

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