I'm sure by now we've all received many emails asking us to re-consent otherwise we are going to lose out on many amazing offers, products and stunning newsletters!
If you are one of these companies that has sent this email, and sent it to existing customers, ask yourself what are you going to do if none of your customers actually reply?
As of 25th May you will not be able to contact them!
When reviewing your Records of Processing, you need to consider what you do and what Legal Basis you are using.
For contacting existing customers, often (not always) this means you can use Legitimate Interest as long as the contact has a defined purpose, is necessary and balanced.
If you are using Legitimate Interest, you are able to contact your customers to offer them "Related Goods and Services", as long as you provide them with an option to opt-out of future communications, and of course you honour this request.
Further reading on Legitimate Interest can be found on the ICO website here, that will allow you to determine if Legitimate Interest is suitable for you. Still unsure? Contact Us or email info@dbrData.co.uk to see how we can help you.
Make sure you are referencing the right legislation
To confuse matters a little more, you also have to consider Privacy and Electronic Communications Regulations (PECR), which sit alongside the Data Protection Act and the GDPR.
They give people specific privacy rights in relation to electronic communications. More information about PECR can be found here.
And if you are asking people to opt-in, what does this mean?
So you've got this far and are asking people to opt-in and using Consent as your Legal Basis, what do you need to do?
It really is pretty simple, be honest! Keep it clear and explicitly state what you are using the data for, and give people the option to opt-in. If you are offering a free download and require their email address, this is OK, if you are offeringing a free download & give the data to Bob's Auto Parts and don't tell them - not so much!
Consider these examples:
Enter your name & email address and click here [button] and we will send you our free eBook. We will not use the information you send us for any other purpose.
Enter your name & email address and click here [button] and we will send you our free eBook. We will also send your information to Bob's Auto Parts and send you our weekly newsletter.
Enter your name & email address and we will send you our free eBook. With your permission we will also send you data to Bob's Auto Parts so they can offer related goods that may be of interest and send you our weekly newsletter. You will be able to unsubscribe at any time.
Check box to agree to us sharing your data with Bob's Auto Parts [unticked check box]
Check box to sign up to our weekly newsletter [unticked check box]
Click here to download free eBook [button]
Of the above, option 1 is OK and you do not need a check box as you are only offering the eBook and nothing else. Option 2 is not OK as you are also sharing the data and using it for multiple purposes without offering choice. Option 3 offers the user the option to agree to the data sharing and newsletter without compromising the download offer.
If they do not tick the boxes, do not do it anyway! And always record what they signed up to and when for an audit trail.