ICO tagged posts

“BYOD is a ticking time bomb” warns data protection expert Martin Hickley

BYODAs many data protection, compliance, human resources and legal experts speculate as to the consequences that will be wrecked on all organisations as a result of the forthcoming EU General Data Protection Regulation (GDPR), there is widespread confusion across the web as to whether Bring Your Own Devices (BYOD) is still acceptable or whether organisations need to radically undertake a data protection impact assessment (DPIA) and change their internal policies as a result.

“Even though the law in this area hasn’t changed today, it would be foolhardy in the extreme for organisations not to carry out a DPIA as a precautionary measure given the massive data protection and security risks that allowing BYOD currently presents,” warns data protection and compliance expert Martin Hickley.

GDP...

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Cowboy marketers face record fines in the New Year

Cowboy-marketersCurrent law

Under EU Privacy and Electronic Communications Regulations (PECR), organisations and companies are prohibited from transmitting or instigating the transmission of unsolicited electronic communications to consumers for the purposes of direct marketing unless the person receiving those communications has provided prior consent for the messages to be sent.

Companies also mustn’t disguise or conceal their identity in the messages or use invalid addresses where recipients of the messages would send responses to ask for the messages to stop being sent.

Marketers can send direct marketing via electronic mail to consumers if they have “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 t...

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Marketers can’t continue to use prize promotions, competitions and incentives as a conditional opt-in strategy for direct marketing purposes

promoOne of the most engaging and powerful aspects of B2C and B2B customer marketing and communications is prize promotions, competitions, promotions and incentives.

And they are also some of the most difficult things to get right, requiring an understanding of a complex web of competition, data protection, and media laws and regulations as discussed in Essential Law for Marketers.

However, given the appetite of regulators to want to tighten data protection across a number of areas including sales and marketing practices, the use of prize promotions, competitions, promotions and incentives as a way of lead generation is the latest to fall victim of new controls.

As I discussed a few weeks’ ago in a previous blog post, marketers must be ultra-careful when using any form of incentive as a condit...

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