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Webinar recording – How regulation GDPR/PECR affects email marketing and why it is important

About the webinar

In this one-hour webinar, presented by Jacqueline Ewers, Tech Champion for email marketing, you will explore how being compliant with GDPR and PECR regulations is key to unlocking email marketing success. 

You will learn:

  • What GDPR and PECR principles are for email marketing 
  • How the regulations affect contact data collection  
  • Why being compliant benefits your email marketing 
  • How to grow your email contact list through best practice  

Resources, links and further information

Download the webinar presentation slides (PDF) >

Useful links and resources: 

Answers to the unanswered webinar questions

UK General Data Protection Regulation (GDPR) 

Privacy and Electronic Communications Regulations (PECR)

Useful PECR email marketing checklist

Business to Business (B2B)

Information Commissioner’s Office (ICO) Privacy Policy Template

Age-related Marketing: Children 

PECR doesn’t have any specific guidelines for age-related email marketing. The ICO publish separate guidelines including Children’s Code and Children and the UK GDPR  

The ICO defines children as follows: 

“When we refer to a child we mean anyone under the age of 18. This is in accordance with the UN Convention on the Rights of the Child which defines a child as everyone under 18 unless, “under the law applicable to the child, majority is attained earlier” (Office of the High Commissioner for Human Rights, 1989). The UK has ratified this convention.” 

You may be interested to view the V&A’s website Mused, the V&A’s website for 10 – 14 year olds and their approach to privacy: 

Email Marketing to schools 

In the eyes of the ICO, schools (and their employees) are classed as Business-to-Business contacts or ‘corporate subscribers’ (limited liability partnerships, Scottish partnerships, and government bodies). State schools are considered government bodies, and schools in the private sector hold limited liability, and are therefore corporate bodies. The rules on consent, the soft opt-in, and the right to opt out do not apply to electronic marketing messages sent to ‘corporate subscribers.’ The only requirement is that the sender must identify itself and provide contact details. 

Referral Marketing 

The traditional Forward to a Friend where you encourage your email subscribers to forward your email to a friend or contact is not permitted by PECR. In brief, the ICO is concerned that forwarding the original email classes you as the instigator. As such, you have a responsibility to ensure that you are compliant with PECR in terms of consent for the individual that your email subscriber is forwarding to which you are unable to do: 

Direct marketing emails and texts require consent (the soft opt-in doesn’t apply in this situation) and you must demonstrate it. You can’t collect valid consent when asking a customer to send your direct marketing. This is because you have no direct contact with the people they are sending your direct marketing to. 

For reward and ‘refer a friend’ schemes the ICO recommends that you ensure that you are not the instigator of the messages. There are a variety of ways to still capitalise on the benefits of these schemes whilst remaining compliant with the regulations. 

Further Support

The Digital Culture Network is here to support you and your organisation. Our Tech Champions can provide free 1-2-1 support to all arts and cultural organisations who are in receipt of, or eligible for, Arts Council England funding. If you need help or would like to chat with us about any of the advice we have covered above, please get in touch. Sign up for our newsletter below and follow us on X (Twitter) @ace_dcn for the latest updates.

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