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Redevelopment Closer Than Ever?

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Author Topic: Redevelopment Closer Than Ever?  (Read 1202237 times)
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« Reply #29060 on: June 29, 2021, 11:29:34 am »

Having attended some GDPR implementation workshops, one of the things GDPR  was introduced to stop was implicit opt ins, which is why websites have had to stop the trick they used to do of having various opt in/out tick boxes that used slightly different language to convey meaning. So for example you might see 3 tick boxes that would say "I agree for my information to be used for..." and one tucked away amongst them that says "I do not agree for my information to be used for..." meaning to fully opt out the consumer/client would have to thoroughly read the questions and tick some but not others. People being people, they'd read the first couple and then tick all the boxes, thereby giving the organisation their consent without realising it. That's not allowed now, every opt in has to be a positive choice.

That said, organisations are allowed to contact customers without specific consent if the customer might reasonably expect them to do so in relation to the service they are being provided with. In the case of my company, that means we are allowed to email a customer with order updates without an active consent (because why else would they give it to us) but we aren't allowed to market further things to them in the future. (EDIT: I should probably add we do still have to get a generic piece of consent about us acting as a data controller, but if the customer won't agree to that we won't accept their order in the first place)

We also have an ongoing debate with our legal advisors (a large, reputable firm who specialise in GDPR) about what to do about our marketing database. It stretches back years and predates GDPR consent but is very large and we're reluctant to write it off as a resource. We aren't allowed to email them to ask them to opt in, but it's possible we can send them a letter and ask them to do so. It's against the spirit of GDPR but possibly not against the letter of the law, but despite months of discussion even they can't give us a definitive answer, so it's a really murky area.

In terms of the Trust, if you're a member of an organisation, particularly  one you had paid to join, would you reasonably expect them to contact you about your permission for them to keep contacting you?  My personal opinion is yes, you probably would, but I wouldn't want to make a call on that one way or the other without legal advice!

Good post. And better worded than I managed. With regards the section I highlighted, that is certainly a part that wasn't very well thought out. But with regards to those existing recipients, I partially agree with Melbourne's legal mate. There has to be validity to an initial one-off soft opt-in email, otherwise a lot of companies would be left hanging. Of course, it's likely the Trust sent those emails out and they were never opened/responded to. They then have the problem of many listed members (most of whom have shown little interest in years), but with it being highly questionable as to whether those people wish to continue receiving. Does anyone know what the Trust's opening rate is for their mail?
This is one of the problems faced by business/groups run primarily by volunteers, and where smooth operating slips because of other life commitments. It is not a situation that is unique to the Trust.
I do wonder if some of those bashing the Trust about a lack of communication perhaps received emails in the past that they failed to respond to, and hence have been scrubbed from the database? It's just a thought.

ETA: Having just read the above posts it seems the Trust are on top of GDPR. I reiterate, I wonder how many of those moaning about lack of communication have previously failed to 'give consent'. Otherwise, perhaps they need to check their spam box. Grin
« Last Edit: June 29, 2021, 14:30:43 pm by JollyCobbler » Report Spam   Logged
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