I think you’ve answered your own question - you don’t sell the courses.
Money does not change hands between you and the student, so the soft opt-in
cannot possibly apply.
Tim Turner
2040 Training
www.2040training.co.uk
On Tue, 13 Nov 2018 at 13:13, 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]
>
>
>
> *From:* This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] *On Behalf Of *Peter Dinsdale
> *Sent:* 13 November 2018 12:20
> *To:* [log in to unmask]
> *Subject:* Re: [data-protection] Online reporting of assault - using
> Article 9(2)(b)
>
>
>
> So are the company the controller in this scenario?
>
>
>
>
> On 13 Nov 2018, at 10:11, Cartwright, Christine <
> [log in to unmask]> wrote:
>
> Hi all
>
>
>
> We are looking into using an online tool to enable students to report
> instances of assault, harassment etc. without having to make a report in
> person. The company providing the software says that they are processing
> special category data under Article 9(2)(b), ‘for the purposes of carrying
> out the obligations and exercising specific rights of the controller or of
> the data subject in the field of employment and social security and social
> protection law in so far as it is authorised by Union or Member State law
> or a collective agreement pursuant to Member State law providing for
> appropriate safeguards for the fundamental rights and the interests of the
> data subject’.
>
>
>
> Specifically they say the processing is ‘for the purposes of carrying out
> the obligations and exercising specific rights of the University or of the
> data subject in order to provide appropriate safeguards for the fundamental
> rights of and uphold a duty of care to the data subject.’
>
>
>
> I haven’t come across this provision used in this way before and I’d be
> interested for colleagues views on whether this is a reasonable
> interpretation. My understanding of social protection law is that it
> relates to social services work and I am unclear as to what the collective
> agreement may be.
>
>
>
> I know I could ask the company to confirm how they came to that conclusion
> but I just wanted to check whether my sense of uncertainty was unfounded!
>
>
>
> Many thanks
> Christine
>
>
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