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Destroying personal data

Always make sure that your clients are protected! The Data Protection Act (the Act) has 8 Principles, the fifth of which has the requirement that ‘personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes’. You must delete such data. Delete is … READ MORE »

Responsibilities for Data in Email Marketing

There is a certain degree of confusion as to the comparative responsibilities of data controllers (controllers) and data processors (processors). If you have data, you must have a controller. To put it simply, it is their responsibility if it all goes wrong. They have a distinct legal responsibility. Processors work under controllers. If they make … READ MORE »

Understanding data protection laws

One of the most significant restrictions on bulk email marketing is legislation. One of the most significant problems is that the words that are used are open to interpretation. The Data Protection Act (DPA) tells us that we must not keep personal data any longer than is necessary for the purposes for which it was … READ MORE »

The Data Protection Act – an introduction

DPA: three initials to strike fear into the heart on anyone with a business which includes processing personal information, including email marketing. But in practice it is little more than a set of rules which would be sensible to comply with anyway. It strikes what many feel is a reasonable balance between the interests of … READ MORE »

The Data Protection Act and you and them

Anyone with a fetish for figures will find The Data Protection Act 1998 (The DPA) a joy. It has eight principles, seven rights and six conditions. The intent of the legislation is to strike a balance between the conflicting interests of individuals and those who wish, for valid and lawful reasons, to store and use … 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 »

Post Brexit Changes To Email Marketing?

Having downtime due to lockdown, I did my annual clear-out of emails and documents I had saved over the past three years. In normal circumstances, I check each individually to see which is still relevant, but this time it was over quickly. Anything before December 2020 was deleted as it was of no practical use. … READ MORE »

Processing your email marketing lists & GDPR

You may have missed the £120,000 fine awarded against the Kensington and Chelsea council for improper disclosure of the personal details of nearly 1000 residents. The illegal act wasn’t deliberate but as a result of ignorance of an individual. If you’ve got email marketing lists then beware. For instance, the regulations around portable data are … READ MORE »

It is all in the detail

You might have seen the headline. The Chief Constable of Dyfed Powys Police had been taken to task by the ICO, and had been required to sign an undertaking to improve the force’s data security. Most would not have read further, despite the illicit enjoyment of a CC being disciplined. However, there’s much in the … READ MORE »

The impact of the right to be forgotten

There has been a lot of coverage in the press and TV news lately on what they suggest is the new ‘right to be forgotten’, or more correctly the right to erasure of personal data. We’ll stick with RTBF for this article.  Despite most outlets focusing on the implications for social media, not only in … READ MORE »

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