Had reason to re-visit the legislation (and guidance) on viral marketing
today . Is it just me, or does this all sound way 'out of balance'.
If I were to attach a really useful 'Top Ten Tips to DP Compliance' pdf to
this email, which you subsequently sent to someone else, would you consider
yourself a criminal, a 'filthy spammer'? No, of course not. But that
appears to be what TICO suggest in their guidance (see below).
From the Guidance:
----------------------
So-called "viral marketing" is where
a) a marketer asks a person to send the original marketing message to a
friend or friends, or
b) the marketer asks a person to hand over their friend(s) contact details.
"Arguably, where a) applies, you are encouraging one of your customers to
break the law (that is, send an unsolicited message to an individual
subscriber without prior consent) in order to promote your name.
---------------------------
Does adding a phrase like ... "So long as you don't use the attached for any
commercial purposes, please feel free to pass it on to anyone who might find
it useful' really make a criminal out of you (and me)?
I'm struggling with this one. PECR 2003, it seems, does not have a 'for
personal use' safety valve like DPA 1998
Regards,
Duncan Smith
Director
iCompli Limited Northampton UK
t: 08707 70 48 66 f: 08707 70 48 69 m: 07775 56 81 80
Mailto:[log in to unmask] Web: www.icompli.co.uk
<http://www.icompli.co.uk/> Ecademy: See me!
<http://www.ecademy.com/account.php?id=34586>
"Compliance in your language"
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