I think it would be risky to base a decision on something untested written
by the IAPP, given the fact that the ICO does more enforcement on PECR
breaches than anything else. There is no sale in this scenario.
Tim Turner
2040 Training
www.2040training.co.uk
On Wed, 14 Nov 2018 at 02:20, M Bryant <[log in to unmask]>
wrote:
> Hi Jessica,
>
> The Privacy Law and Practice book sold by the IAPP for the CIPP/E course
> suggests that this can be interpreted quite loosely in the UK and that it
> would probably be applicable in these circumstances. However you must make
> sure you offer individuals the chance to opt-out when you first take their
> details and you must let them know that you intend to send them relevant
> offers etc. If you haven't already done this it's probably too late to use
> the soft opt in. If you're planning to do this in future then you should
> include this or, to remove any doubt, request a positive opt in consent.
>
> I'm not sure, off the top of my head, about any case law on this. Good
> luck.
>
> Thanks,
>
>
> --
>
> Murray Bryant-Lerner
> www.MapSterling.com
>
>
>
>
> On 13 Nov 2018 23:12, JESSICA PEMBROKE <[log in to unmask]>
> wrote:
>
> Hello,
>
>
>
> Is anyone able to direct me to/ give me any clarity on the definition of
> “sale” in terms of the soft opt in within the Privacy and Electronic
> Communications regulations.
>
>
>
> *Use of electronic mail for direct marketing purposes*
>
> *(3) A person may send or instigate the sending of electronic mail for the
> purposes of direct marketing where— *
>
> *(a)that person has obtained the contact details of the recipient of that
> electronic mail in the course of the sale or negotiations for the sale of a
> product or service to that recipient;*
>
>
>
> We don’t ‘sell’ courses to learners as they don’t directly pay for them
> (government funding) but they do enter an agreement with us to receive the
> services e.g. an A Level course
>
>
>
> Can we rely on the “soft opt in” to send marketing to students (about
> similar courses etc.) without consent providing our other obligations are
> met (e.g. unsubscribe/opt out opportunities, marketing is clear in privacy
> statement)?
>
>
>
> Many Thanks
>
>
>
> *Jessica Pembroke*
>
> Legal Advisor and Data Protection Officer
>
> *Cheshire College - South & West*
>
> Email: [log in to unmask]
>
> Data Protection enquiries: [log in to unmask]
>
>
>
> [image: cid:image013.jpg@01D3886B.1D888200]
>
>
>
> [image: cid:image014.jpg@01D3886B.1D888200] <http://ccsw.ac.uk/>
>
> [image: cid:image008.jpg@01D43AEF.5A6AA400]
>
> [image: cid:image009.jpg@01D43AEF.5A6AA400]
>
>
>
>
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