MARKETING DATA GATHERED PRIOR TO 25TH MAY 2018

02 August 2018

• data protection
• GDPR
• personal data
• data privacy
• GDPR liverpool
• gdpr compliance
• GDPR REQUIREMENTS
• Solictors Liverpool
• Marketing data
• Marketing consent wording
• Lead generation

Imagine the scenario: you hold marketing data, collected from lead generation firms, meetings, seminars etc maintained as a contacts database for marketing purposes. You have already contacted some of the people on this database, but others you have not.

In order to comply with the GDPR requirements you need to know:

How is this affected by GDPR?

Do you need contact all the earlier contacts to get consent?

Can this be deemed legitimate business use?

In summary:

For everyone you already have consent from, carry on marketing to them. 

For anyone you do not have consent from, do not market to them. 

The budget airline, Flybe, were fined because they still contacted those who had explicitly opted out, asking if they wish to opt back in, while Honda were unable to demonstrate whether or not it had consent to contact individuals. If you are not sure, then it is safer to assume that you don’t have consent.

The objective is to re-affirm consent in a GDPR-compliant way which should have been completed prior to 25th May 2018, and is then  therefore valid thereafter.  

As it stands, you can only contact people for marketing purposes, and this includes confirming marketing preferences, from those whom you have obtained consent from in a GDPR-compliant way which you can demonstrate.