I don’t think that’s quite true. Your advice is based on materials from the IAPP, which is neither a regulator or the most accurate source of information. Though the ICO isn’t always reliable, their guide to Direct Marketing is clear and I would say rules out this scenario altogether. I think following the regulator’s approach, especially given their enthusiasm for enforcement in this area, is the most sensible approach rather than ‘zero risk’. The risks of choosing IAPP training manuals is admittedly much higher.

Of course, any organisation might decide to say ‘we’ll do this unlawful thing because we’ll probably get away with it’, but that’s a very different conversation.

Tim Turner
2040 Training
www.2040training.co.uk
On Thu, 15 Nov 2018 at 00:46, M Bryant <[log in to unmask]> wrote:
Can't argue with Tim on that, that's the zero risk option. If you want to cut it any other way I think you'll be introducing risk, how much risk and whether or not it's worth it will be for your team to decide. 

Thanks, 


-- 

Murray 
mapsterling.com


On 15 Nov 2018 00:21, Tim Turner <[log in to unmask]> wrote:
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

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




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]

 

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