Is it my imagination, or is PECR now under review at EU level? If so, it
would be really useful if some anomalies were sorted out - especially the
bit about the marketing consent powers residing with the 'subscriber' rather
than the individual being contacted. It would also help charities if the
email soft opt-in applied to donors and supporters as well, not just
'customers'.
Best wishes,
Paul
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Phil Bradshaw" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, November 03, 2016 1:46 PM
Subject: Re: Statutory Marketing Code: Challenges
Direct marketing has always been a legitimate interest - so no change here.
For example snail mail DM does not require consent but must be fair which
would include referring to the MPS and use of appropriate FPNs at time of
collection (where relevant) or at a later stage subject to the requirements
and limitations of Schedule 1 Part II e.g. if scraping.
Of course for email marketing the E-Privacy directive and PECR currently
bite and there is nothing in GDPR to suggest that will change. The whole
point of PECR, after all, is that these types of marketing created specific
issues which needed to be addressed even where there was a legitimate
interest. If there had not been a legitiamte interest they would not have
been needed in the current form.
Although other DMA statements may suggest otherwise the article referred to
supports this position and the maintenance of the status quo
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