If you rely on consent, we think it is likely that you will have to refresh that consent to ensure that it is GDPR compliant, not least to ensure that you have an appropriate record in case the ICO come knocking. Until the ePrivacy Regulation is enforceable – expected to be in 2020 (date to be confirmed) – The Privacy and Electronic Communications Regulations (PECR) will continue to be the prevailing law governing electronic communications and messaging, including email, and this includes the provision for soft opt-in for marketing to existing customers. Soft opt-in is a form of temporary consent given by individuals while collecting their email details. The regulations state that Soft Opt-In only applies to persons that have engaged in the sales process, as opposed to just browsing. Online e-Learning Platform. The PECR, unlike the GDPR, is highly specific, relating to the privacy of electronic communications and communication networks as well as the security of those services and networks. I had seen some comments in this group that suggest that the soft opt-in rule is going away. The contact details of the recipient are obtained in the course of the sale or negotiations for the sale of a product or service to that recipient; 2. The PECR has had, to date, 9 amendments. You will of course still require to process their data in line with the processing principles under the GDPR and provide them with information to ensure fair processing – see our blog on this issue. The definition of consent under the GDPR is: Any freely given specific, informed and explicit indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processed. Consent will not be required to send customers/clients direct marketing using their email address etc in the context of a sale of a product or service. Someone who you're not emailing in a business capacity. PECR Audit . Opt- in or Soft opt-in to be marketed by Email (section 11 of DPL & Regulation 202) Opt-in to be 3marketed by SMS (section 11 of DPL & Regulation 20 ) Opt-in to be marketed by Fax (section 11 of the DPL & Regulation 184) Opt-in to be marketed by Automated Telemarketing (Regulation 175) 1 Regulation 21 PECR 2 Regulation 22 PECR 3 Regulation 22 PECR Small Business Legals can be tough. The definition of consent is changing significantly under the GDPR and from 25 May 2018 it will be very difficult to obtain valid consent. The ICO, and PECR, understand that you have a reasonable right to contact customers. You then need to look at PECR to work out whether you can in fact send ... Talking about marketing communications, then you would need to look at PECR on top of GDPR. So if you were in the plumbing business and you suddenly decide to start selling mobile homes, you would not be able to rely on the soft opt-in. The soft opt-in, it's actually nothing to do with GDPR. However if you are marketing via email, SMS or any other digital format then it is likely that consent will be your only option. The GDPR is coming! If you have any queries about the GDPR, marketing or other data issues, then please contact the Data Protection team. Alongside the Data Protection Act 1998 in the UK, the Privacy and Electronic Communications Regulations 2003 (PECRs), have defined what is acceptable in relation to direct marketing. It also does not apply to non-commercial promotions (eg charity fundraising or political campaigning). So you have to be very careful about relying on the corporate subscriber rule. Fortunately it doesn’t look like much is changing. Reveal IT security weaknesses. It will replace PECRs in the UK with the aim of bringing regulation up to date with modern technology and in line with GDPR. In light of this, I’m surprised to note the following words in the Information Commissioner’s Office’s guidance on PECR The soft opt-in rule means you may be able to email or text your own customers, but it does not apply to prospective customers or new contacts For this, contact details should have been obtained at the time of a product or service sale, transfer of emails or texts for the sale of similar products or services. PECR contains an exemption to the consent requirement for email and texts, which is commonly and rather ambiguously referred to as the ‘soft opt-in’. Good afternoon ladies and gentlemen. W1B 3HH. Email/Text: There is an exemption within PECR, rather ambiguously known as the “soft opt-in”, whereby you can send emails/texts without Consent as long as the following conditions are met: – You have obtained the contact details in the course of a sale (or negotiations of a sale) of a product or service. And getting in wrong can result in fines of up to €20 million or 4% turnover. Soft opt-in during sales. Yes, there's a little bit of perspiration going on today. How to determine whether you are permitted to rely on the soft opt-in, or whether you must obtain consent; Key considerations when buying marketing lists; and; Best practice for using cookies and other tracking technologies. I can help you with this, Niche Legal Solutions Limited, 3rd Floor, 207 Regent Street, London. Free PECR Gap Analysis. PECR allows for soft opt-in during the negotiation of a sale. I hope that makes it clear. This only applies if the following conditions are met: You have obtained the contact details in the course of a sale (or negotiations of a sale) of a product or service In addition, you can only rely on consent obtained prior to 25 May 2018 if it is GDPR compliant. But unfortunately, it's not quite that simple because it also includes people who are sole traders and partnerships even if you are emailing them in a business capacity. Now, I've talked about it a number of times on different videos but never specifically by itself. And one of which is whether you can send unsolicited direct marketing communications, electronic communications that is, either email or text to individuals or corporate subscribers. But the rules on email marketing are in PECR. And what PECR say is that you can email corporate subscribers without their consent. In a nutshell, consent under PECR must now be opt-in, not opt-out, or as sometimes referred to as: “soft” opt-in. Just PECR. For more info visit our GDPR updates page. The soft opt-in law. This means that consent is not required if you are sending marketing message about similar products and services to your customers/clients or those you have negotiated with to provide products or services, as long as: The contract doesn't actually have to of been formed. because GDPR will set out the rules on consent, the rules on legitimate interests and, obviously, how you interact with processors and all its other rights and obligations. But marketers can send marketing emails or texts without consent in the situation known as soft-opt-in in the PECR. But if you rely on the soft opt-in then as long as you are happy that you have complied with the requirement to allow your customer/client the option of opting out when you collected their contact details and they are given this option every time you send them a marketing message, then it appears that this will remain to be within the law – as far as we can tell. Obviously, you still need to think about everything that we've talked about already for GDPR, but for PECR purposes you can send unsolicited, direct marketing emails and texts to corporate subscribers. Regulation 22 of PECR restricts you from contacting an individual via electronic messages without specific consent, except in relation to certain existing customers, for which you can rely on a ‘soft opt-in’. Now is the time to start working out what contact details you can and cannot use post-25 May 2018. The soft opt-in rule means you may be able to email or text your own customers, but it does not apply to prospective customers or new contacts (eg from bought-in lists). 'Ve talked about it a number of things similar to that, and PECR, understand you. Also does not apply to non-commercial promotions ( eg charity fundraising or political campaigning ) new customers or you been... 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