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IMPORTANT UPDATE - Emailing Your Members After 25th May 2018

(Published 15-May-18)

It has come to our attention that some operators are interpreting the GDPR to mean they can no longer send any electronic communications to their members without explicit opt-in consent and are electing to opt-them-out on a mass scale, restricting their ability to use their TRP software to continue to support the delivery of an exceptional member experience after 25th May. Based on the legal advice we have received and extensive reading from our GDPR team over the past months, we believe this is not the case.

As TRP software is designed to be used to send electronic communications to your existing members we believe this constitutes legitimate interest, as per Recital 47 (screenshot below). We do not believe that consent is required so long as your members are aware of the processing activities that we undertake on your behalf and these processing activities would be reasonably expected by the member as part of their relationship with you.

Recital 47 of GDPR:

Recital_47.png

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=EN

In order to make your members aware of these activities and continue to provide them with the current level of service they expect, supported by your use of TRP software, we recommend that you update your privacy policy (if you haven't already done so) to specifically mention TRP and our processing activities. Our privacy policy is available here, should you wish to link to it from within your policy. We will be updating our privacy policy prior to 25th May 2018 but the link will remain the same.

Once your privacy policy is updated, we think that you will actively need to bring this information to the attention of your members at the earliest opportunity, but we do not believe that you need to opt-out all your members from receiving emails sent through your TRP software.

Alongside the GDPR is a set of regulations specifically around electronic communications, which of course includes email. These regulations are called the Privacy and Electronic Communication Regulations (PECR). They support the above.

According to the Information Commissioners Office (ICO) website, under the PECR a ‘soft opt-in’ can be seen to exist between an organisation and their existing customers, which means that explicit opt-in consent is not required in order to send them emails – so long as you gave them a clear opportunity to opt-out when you collected their data and continue to give them a clear opportunity to opt-out of future communications in each email you send to them. It is worth emphasising that this only applies to emails sent to existing customers (not prospective customers or any other form of contact) – which is how our software is designed to be used.

Below are some supporting screenshots accompanied by a link to the source on the ICO website.

Legitimate_Interest.png

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/legitimate-interests/when-can-we-rely-on-legitimate-interests/#marketing_activities

Soft_Opt-In.png

https://ico.org.uk/for-organisations/guide-to-pecr/electronic-and-telephone-marketing/electronic-mail-marketing/

If you have been advised differently please do contact us to discuss how we can support you to meet your requirements. If you make changes within your member management system you do need to let us know so that we can continue to provide you with excellent service.

 

For more details on how TRP have prepared for GDPR please see our TRP Customer GDPR Guidance Document

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