The draft e-privacy regulation refers to "end-user" and not to "subscriber".
For B2B marketing I think this may mean a slightly different end result to now in some cases (if the work email address uses a publicly available email system rather than a private one is the employee an end-user?).
Anyone able to clarify?
Regards
Chris
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 10 March 2017 11:47
To: [log in to unmask]
Subject: Re: [data-protection] Hawktalk: Under the GDPR, be careful when you use the "C" word
There has always been this tension between the definition of DM in s13 DPA (which is adopted by PECR) and the PECR definition of corporate - individual subscribers. Sometimes it is irrelevant - PECR R23 for example.
Where it is relevant ICO view is clear but, at least in principle, subject to challenge. Is there a difference between "sent to" and "directed to" which is, I suppose, what the original post is addressing? Would your answer be different if DPA s13 said "directed at" rather than "directed to"?
For now we live with it. Under GDPR we will perhaps have to see if and how PECR is amended. Necessary if DPA repealed as it adopts DPA definitions?
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