Hi Linda
Without having time to unpick your example, I would suggest that you may have more than one basis to deconstruct if you think about whether you are deliberately making the provision of the service (being in the tennis competition) contingent on the provision of data (winner's photo). You have to decide if the photo is necessary for the contractual relationship (if they didn't want a photo would you stop them entering?) or just a 'nice to have'. 'Nice to have' might be thought to indicate a need for consent for which you'd have to come out of the T&Cs.
Kind regards
Suzy
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Linda McKee
Sent: 25 May 2018 10:37
To: [log in to unmask]
Subject: [data-protection] Terms and Conditions vs Lawful basis
Council organises an annual tennis competition, entry upon payment of a fee. Hard copy forms available for collection / download, with copies posted out to last years entries.
Winners photographs are used for part of post competition press release and used in marketing materials. Is it acceptable to include this in T&Cs as opposed to seeking consent?
Further - is the lawful basis "consent" or does the entry fee, permit "performance of a contract"
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
________________________________
"Please remember to switch off all lights, computers, monitors, printers and other non-essential electrical equipment"
[https://ict.newdur.ac.uk/Marketing_Images/mainimage.jpg]<http://www.newcollegedurham.ac.uk/full-time-further-education/studying-further-education/rewards/flex-and-travel/>
[https://ict.newdur.ac.uk/Marketing_Images/facebook_logo_black.jpg]<https://www.facebook.com/NewCollegeDurham> [https://ict.newdur.ac.uk/Marketing_Images/LinkedIn_black.jpg] <http://www.linkedin.com/company/new-college-durham> [https://ict.newdur.ac.uk/Marketing_Images/flickr.jpg] <http://www.flickr.com/photos/97010507@N02/sets> [https://ict.newdur.ac.uk/Marketing_Images/twitter_logo_black.jpg] <https://twitter.com/ncdofficial>
New College Durham, Framwellgate Moor Campus, Durham DH1 5ES
________________________________
This message is sent in confidence to the addressee only. It may contain confidential or sensitive information. The contents are not to be disclosed to anyone other than the addressee. Unauthorised recipients are requested to preserve this confidentiality and to advise us of any errors in transmission.
________________________________
"PLEASE DO NOT PRINT THIS EMAIL UNLESS STRICTLY NECESSARY"
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|