Cipp/e Privacy book chapter 16+17+18 fully solved graded A+

Cipp/e Privacy book chapter 16+17+18Data protection and direct marketing - correct answers The Data Processing Directive applies to all direct marketing communications. The e-Privacy Directive applies to digital marketing communications: over electronic communications networks, not to postal marketing. Also rules for online behavioral advertising. Right to opt out - correct answers Individuals must have a specific right to refuse (or opt out of) direct marketing sent by the data controller. Marketers must allow individuals to opt out across all marketing channels, Individuals must be able to opt out on request, Individuals must be able to opt out free of charge. opt-out registers - correct answers Data controllers should suppress the data and not delete it, so that they can cleanse their marketing contact lists against their internal opt-out records and applicable national opt-out registers. Marketing requirements under the e-Privacy Directive - correct answers The general rule is that most forms of digital marketing require the prior (opt-in) consent of the intended recipient, although a limited exemption exists for e-mail marketing communicated on an opt-out basis to individuals whose details the data controller collected in the context of the sale of a product or service. Postal marketing - correct answers the Directive requirements apply only. There is no express requirement in the directive to obtain consent for direct postal marketing. Some member states national rules nevertheless mandate the requirements for consent. In the absence of a mandated national requirement to obtain consent, data controllers may instead look to rely on their legitimate interests. Telephone marketing - correct answers Directive + e-Privacy directive apply. Article 13(3) of the e-Privacy Directive allows member states to decide under their national laws whether telephone marketing should be conducted on an opt-in or an opt-out basis. At a minimum member states must ensure that individuals have a means by which to opt out, free of charge, from direct telephone marketing. Automated calling systems - correct answers must always obtain individual's prior opt-in consent. Only for prerecorded messages. B2B vs B2C telephone marketing - correct answers Some member states do not distinguish between B2B and B2C marketing, while others apply a more relaxed approach to B2B marketing. 2009 amendment of the e-privacy directive - correct answers it extended the unsolicited marketing restrictions under the e-privacy Directive to users and not just to subscribers. Effect was that B2B was on the same foot as B2C marketing. Marketing by electronic mail (e-mail, SMS and MMS) - correct answers Directive + e-Privacy directive apply. Data controllers must obtain prior opt in consent from individuals to send them marketing by electronic mail. The opt-out exception (Soft opt-in rule) (1) Contact details obtained in the context of the sale of a product or a service, (2) Marketing about its own similar products or services only or (3) Clearly and distinctly give the individuals the opportunity to opt-out simply and free of charge at the time of collection and in any further communication. Meaning of electronic mail - correct answers Any text, voice, sound or image message sent over a public communications network which can be stored in the network or in the recipient's terminal equipment until it is collected by the recipient. B2B vs B2C marketing by electronic mail - correct answers the treatment and permissibility varies among member states. 2009 amendment of the e-privacy directive: it extended the unsolicited marketing restrictions under the e-privacy Directive to users and not just to subscribers. Effect was that B2B was on the same foot as B2C marketing. Fax marketing - correct answers Directive + e-Privacy directive apply. Data controllers must obtain prior opt in consent from individuals to send them marketing by electronic fax. B2B vs B2C fax marketing - correct answers the treatment and permissibility varies among member states. 2009 amendment of the e-privacy directive: it extended the unsolicited marketing restrictions under the e-privacy Directive to users and not just to subscribers. Effect was that B2B was on the same foot as B2C marketing. Always check national requirements for the rules. Location based marketing - correct answers Directive + e-Privacy directive apply. The individual must give opt-in consent to use their location data to provide a value-added service (location-based marketing). Information requirements are (1). Type of location, (2). Purpose and duration and (3). Whether the data will be transmitted to a third party.