Opt Out

[ataylor]

A colleague of mine got the attached email from Tesco, I was under the impression that everything was now Opt out by default rather than Opt in?

 

[Ditto]

I'd say they are pushing the boundary if the blue highlight is a default. No highlighting would be more in the spirit of the regulations.

[GrumbleDook]

A colleague of mine got the attached email from Tesco, I was under the impression that everything was now Opt out by default rather than Opt in?

 

[ATTACH=CONFIG]48821[/ATTACH]

 

If they already have your details and are pretty happy with the level of consent previously granted, then this is a) letting you know that they have your details and why, and b) giving you a chance to remove yourself.

 

Depending on the quality of consent before, this is acceptable for both PECR and GDPR... but it really does rely on consent having originally been unabiguous, freely given, etc.

[IrritableTech]

I looked into this when the AA sent me a similar email. I found this interesting exception...

 

Electronic mail marketing

 

The most important thing to remember is that you can only carry out unsolicited electronic marketing if the person you're targeting has given you their permission.

 

However, there is an exception to this rule. Known as the 'soft opt-in' it applies if the following conditions are met;

 

where you've obtained a person's details in the course of a sale or negotiations for a sale of a product or service;

where the messages are only marketing similar products or services; and

where the person is given a simple opportunity to refuse marketing when their details are collected, and if they don't opt out at this point, are given a simple way to do so in future messages.

https://ico.org.uk/for-organisations/marketing/

[GrumbleDook]

The above is in relation to PECR, and the lawful basis is Legitimate Interest.

 

ePR, when it comes in, is changing this but the draft has just been updated and it may not be as severe as some people worried it might be.

 

In schools, this is mainly going to affect promotion of the school, marketing to parents and running the facilities for external hire.

[enjay]

It depends on how you consented in the first place. If it was clear and active (i.e. GDPR compliant) they don't need to re-obtain consent. I've had a few emails like this too.