[Link updated as the ICO has moved its blog] On the 25th of April, I wrote GDPR: you're all getting it wrong. On the 9th of May, Steve Wood (the Deputy Commissioner) wrote this: https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2018/05/blog-raising-the-bar-consent-under-gdpr/ See? I may be a voice in the wilderness, but I'm not (always) wrong.
If I get one more email telling me that “GDPR means we have to ask you to opt-in” I think I’m going to go postal. Let’s do this slowly, and this time with feeling. Marketing (and fundraising) emails are covered by the Privacy and Electronic Communications Regulation 2003. That’s right, a 15-year-old piece of legislation. … Continue reading GDPR: you’re all getting it wrong
I wrote to the ICO to ask them about this consent theory that's doing the rounds. [TL;DR - you can use Article 6.1(f) of GDPR to let you send postal direct mail and make phone calls to people who haven't consented.] ...and the ICO said: Dear Mr Rapp Thank you for your email of 18 … Continue reading GDPR consent update (not really)
Everybody’s panicking about the GDPR. Rightly. And the main thing in the GDPR that’s causing the panic is the requirement for consent. The GDPR is really clear that consent must be explicit and unambiguous – you can’t rely on the consumer having read an obscure privacy section of your website, or ask them to give … Continue reading Back to the future
UPDATED 22nd of May 2018 This post has been getting a lot of traffic recently. I wrote it more than a year ago. Since then I've been working almost exclusively on GDPR implementation for clients and my understanding of the regulation has deepened. I'm going to leave the post as it was originally written below, but … Continue reading Kafka strikes again: GDPR requires consent, but you can’t ask for it
Facebook are in trouble again. You remember how a case brought by Max Schrems, an Austrian student, ended up bringing down Safe Harbour – the scheme that allowed EU citizen data to be sent to the US for processing? Well, now Facebook is being investigated by the German anti-cartel authority. The headline is that they … Continue reading A taste of things to come