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Pbm thomas eggar_kimwalker


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Pbm thomas eggar_kimwalker

  1. 1. Database rules: Good housekeeping Kim Walker Thomas Eggar Technology team
  2. 2. Why is it important to be aware of thelegal framework?If you (or your clients) do not comply with the rules...• significant fines• can be sued for damages• lose customer confidence with all the negative PR that entails
  3. 3. The legal frameworkCopyright and Rights in Databases Regulations 1997(Database Regulations)Data Protection Act 1998(and the DPA Guidance issued by the Information Commissioner)Privacy and Electronic Communications (EC Directive) Regulations2003 as amended by Privacy and Electronic Communications (ECDirective) Regulations 2011together with legal guidance issues by the Information Commissioner (TheRegulations)Privacy and Electronic Communications Regulations(the "PEC Regulations") as amended by Privacy and ElectronicCommunications (Amendment) Regulations 2011Voluntary marketing industry codes
  4. 4. Good Housekeeping Consent• Opt in - positive consent required before data can be processed• Email - is defined in the Regulations to include SMS, mobile pictures, video messages and voicemail messages• The Regulations distinguish between individual subscribers (residential subscribers, sole traders, non-limited liability partnerships) and corporate subscribers (includes private individual using their corporate emails)• Cookies - The PEC Regulations deal with the use of cookies on websites. The amended version of the PEC Regulation requires that users opt-in once they have been given a clear indication of the purpose of processing their data
  5. 5. Practical steps• Establish procedures to obtain and keep records of consents• Keep databases under review and distinguish between individual subscribers and corporate subscribers• Include a clear statement of the data collectors identity and contact details to allow users to readily see who they need to contact in order to opt out• Security rules - how are you storing customer data?
  6. 6. The Future• New Technologies - RFID (radio frequency identification) can be combined with other information such as credit or loyalty card information identifying a consumer - consent for marketing?• Mobile payments• Geo-tagging of Internet content for location-based advertisingLink between mobile device and its owner means that consentis "not a straightforward one-off exercise but rather a vehiclefor delivering continuing compliance that needs checking,maintenance and refuelling to keep it roadworthy"(Article 29 Working Party Opinion)
  7. 7. Contact us Kim Walker (Partner) Direct line 01635 571018 kim.walker@thomaseggar.comThomas Eggar Technology Blog -