Email and the Law

The Next Big Threat To Email Marketing

If you want to scare yourself, run an online search with the criterion, ‘data breach claims’. You will find a long list of companies offering ‘no-win no fee’ with the question, ‘Was your personal data leaked?’ If you remember the PPI frenzy, it might concern you. There are specifics in the search results, such as … READ MORE »

ASA Crackdown On Social Influencers

I’m a strong supporter of using lots of other methods of advertising in email marketing campaigns. I would have suggested you had lots to gain and nothing to lose. It appears I might have been wrong in one aspect. The ASA has become frustrated by the lack of response by certain social influencers to warnings … READ MORE »

Ask Returning Staff For Feedback On Security

Thank goodness that’s over. We can now return to our normal working practices. With the end of the requirement to allow working from home, we can get our staff back under one roof and ensure that the data on subscribers to our email marketing lists are dealt with securely, without the fear of who might … READ MORE »

Feedback On Cookie Law Reform

For email marketing, repeated regulatory change is of concern. Change for no reason increases costs for no purpose. Many of us must have viewed the recent announcement of probable alterations to cookie law with trepidation, especially as the press release was phrased in imprecise terms. ‘Common-sense’ is often used to mean ‘without evidence’. The government … READ MORE »

Does The Children’s Code Affect You?

The Children’s Code is the common name for the Age Appropriate Design Code (AADC), which is described as a data protection code of practice for online services, such as apps, online games, and web and social media sites, likely to be accessed by children. While it’s not specific to email marketing, if your company has … READ MORE »

Could New UK Data Regulations Upset The EU?

The news over the weekend of the recent bank holiday in England and Wales might have seemed exciting to anyone in email marketing, with the culture secretary, Oliver Dowden, calling for new data regulations based on “common sense, not box-ticking”. At last, the promise of a Brexit bonus after all. The announcement of the new … READ MORE »

Regulatory Oversight Post Adequacy Agreement

First, the good news for those in email marketing who are based only in the United Kingdom, are processing personal data and are unlikely to affect individuals in any other EU or EEA state: the answer is the ICO. However, UK-based controllers or processers who carry out cross-border processing of personal data, across member state … READ MORE »

Do UK Companies Require An EU Representative

It is quite refreshing to be able to be definitive with regards a question on email marketing; not something which I am all that familiar with, but I’ll give it a go. You require a European representative if you are a UK-based controller or processor with no offices, branches or other establishments in the EEA, … READ MORE »

The ASA Focusses On Misleading Pricing

The Advertising Standards Agency could not be clearer in what they see as the adverts they will target. Recently, they have indulged themselves with actions against a number of advertisers where they believed the headline offer to be misleading. It is a warning for us in email marketing that risky behaviour needs to be thought … READ MORE »

Changes To Subject Access Requests

Email marketing lists are the key to success in our business, but with them comes responsibilities which must be complied with under threat of legal penalty. But even strict compliance doesn’t mean there’ll be no problems. Some companies have experienced difficulties with regards to nuisance subject access requests (SARs) and the recent legal High Court … READ MORE »

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