Explicit consent

[andyturpie]

Afternoon people,

 

Another GDPR head peck. I have just had my first email from a company we work with asking me for explicit consent to contact us come GDPR going live. Which is fine as I can ignore those who keep pestering me. However who's role is it to report any breach made by another business to the ICO in future? Would that be us as individuals or our internal DPO?

[MrWrighty]

Business to Business or Business to School I believe is exempt from GDPR rules regarding consent. My understanding is that businesses can continue to send marketing emails etc if previously you have given them consent otherwise businesses would suffer. If the business you are dealing with is a sole trader or proprietor that is a different issue as their email could potentially be their private email and subject to different rules regarding consent and marketing. I too have receive emails clarifying my marketing choices of the back of GDPR, I don't believe this is necessary but there are a couple of cases of the ICO fining companies who breach this. I believe in Honda's case they could not prove that all recipients agreed to receive electronic communications. But these would have been Business to consumer as I understand it.

 

https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2017/03/ico-warns-uk-firms-to-respect-customers-data-wishes-as-it-fines-flybe-and-honda/

[enjay]

I too have receive emails clarifying my marketing choices of the back of GDPR, I don't believe this is necessary but there are a couple of cases of the ICO fining companies who breach this.

 

Yes, I've received a few emails claiming I need to agree to continue receiving emails after May. Like you, I don't think this is actually necessary as I've previously agreed to them. Maybe the consent I gave when I signed up was by not unticking a box, so they want to be clear on explicit consent now.

[GrumbleDook]

Marketing is governed under PECR, and there needs to be Legitimate interest or consent ...

 

Right to erasure, restrict processing etc come into play and this is where GDPR come in to support PECR.