Compiance with European Data Protection Law and Regulation - Direct marketing - Data protection and direct marketing

6 important questions on Compiance with European Data Protection Law and Regulation - Direct marketing - Data protection and direct marketing

What is not considered as direct marketing by the WP29?

  1. Marketing communications not directed to individuals - website banners
  2. Service-related messages - status of an order

When does the ePrivacy Directive also apply in direct marketing?

When communicated over electronic communication networks

What are the compliance responsibilities of a controller under marketing events (GDPR)?

  1. Lawful basis for processing
  2. Fair processing information
  3. Appropriate technical and organizational measures
  4. Not exporting outside the EEA, unless adequate protection
  5. Satisfying all other compliance duties
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If processing is based on 'legitimate interest, can a data subject 'opt-out'?

Yes.

What are the requirements for opt-out?


  1. Individuals are always informed of their right to opt-out
  2. Opt-out across all marketing channels
  3. Honor request in a timely fashion
  4. Delete personal data unless retention is strictly required
  5. Profiling data must be removed as well

How is the ePrivacy Directive implemented in member states?

Different: data protection laws / telecommunication law

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