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The intrusion into 'our' list by Ms Reis has obviously raised some hackles,
and there's been some 'heated' debate as a result.
A number of threads talk about legislation i.e. the Privacy and Electronic
Comms Regs, and the inference that a body like IADIS should know better; but
are we convinced that there has been any legal wrong-doing?
IADIS is based in Portugal (Lisbon), the principal place of economic
activity of the data controller that instigated the email message. Given
that the message is likely to have a non-UK origin, hands-up all those with
a good working knowledge of how the Portuguese translated the EU Directive
2002/58/EC.
Or perhaps we should ask, hands-up all those who know which jurisdiction
applies in this instance!
And then there's the question of individual versus corporate subscriber
(Portugal has taken a similar stance to the UK here). Most of us on this
list are probably using an email address supplied by our employer, making us
'corporate subscribers', and subject only to an opt-out rule (Ms Reis has
clearly failed on this count as there is no opt-out mechanism on her email).
And then there's the question as to whom did she send the email?
[log in to unmask] I presume, and not each of us individually.
Should the opt-out right have been offered to Jiscmail, and not to all the
list members?
As always, cross-border email marketing gives me a headache and always more
questions than answers!
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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