Dear Naya
This is information taken from the ICO website relating to the PECR which states that the "prior consent rule" applies to all electronic marketing and that electronic mail does include social media and not just email.
What about texts and other types of electronic message?
This same rule applies to emails, texts, picture messages, video messages, voicemails, direct messages via social media or any similar message that is stored electronically. If you are marketing using direct messaging via social media, the electronic mail marketing rules apply.
There is the "soft opt-in" rule that allows organisations to market to existing customers
By existing customer this is defined as:
an individual who bought something from you recently, gave you their details, and did not opt out of marketing messages, they are probably happy to receive marketing from you about similar products or services even if they haven’t specifically consented. However, you must have given them a clear chance to opt out – both when you first collected their details, and in every message you send.
The soft opt-in rule means you may be able to email or text your own customers, but it does not apply to prospective customers or new contacts (eg from bought-in lists). It also does not apply to non-commercial promotions (eg charity fundraising or political campaigning).
Geraldine Nash
Information Governance Manager
Legal Services
University of Central Lancashire
Email: [log in to unmask]
Tel: 01772 892393
Need guidance about handling personal information? See the Information Governance intranet pages.
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Andrew Cormack
Sent: 21 August 2017 14:34
To: [log in to unmask]
Subject: Re: [data-protection] Twitter for advertising a business (now and in GDPR compliance)
Naya
As well as the GDPR, you probably need to keep an eye on the draft ePrivacy Regulation, since that will apply to all marketing through electronic communications. Notably, the "prior consent" rule that currently applies only to e-mail would apply, under the Commission's draft, to all electronic media.
See https://ec.europa.eu/digital-single-market/en/proposal-eprivacy-regulation noting that the European Parliament appears to want several hundred amendments...
Whether a "follow" would constitute prior consent, I don't know. But I'd imagine you'd need at least to put something in your Twitter profile and other places where your Twitter name is mentioned, so you had some chance of arguing that the consent was informed.
HTH
Andrew
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:data- [log in to unmask]] On Behalf Of Naya Jones
> Sent: 21 August 2017 14:22
> To: [log in to unmask]
> Subject: Twitter for advertising a business (now and in GDPR
> compliance)
>
> Hi all,
>
> Does anyone know if there are any issues with sending new followers a
> direct message on Twitter (or any other social media platform) to
> advertise a business. This would be the business they had 'followed'
> so I assume they would have reasonable expectations to hear from the company.
>
> I'm interested to hear about your thoughts now and also when GDPR
> comes into force.
>
> Any insights at all would be greatly appreciated.
>
> Thanks
>
> Naya
>
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