CIPPE Misc Cards

Question 1

What does ePrivacy Directive say about direct marketing?

Answer 1

• ePD applies to marketing by digital channels - email, SMS, MMS etc.
• Opt-in consent required
• Consent may be obtained lawfully, transparently
• Opt out exception - i.e. if you collect the details in the context of a sale, there is a clear opt-out option that is free of charge, the controller only markets similar products.
• Digital marketing must have an opt-out button (even when opt-in consent is acquired)

Question 2

What are robinson lists?

Answer 2

These are national opt-out registers against which an advertiser must cleanse their marketing target list.

Prevalent in countries where opt-out marketing communication is permitted.

Question 3

How does ePD regulate location data?

Answer 3

Location data is considered by GDPR as an indirect identifier and hence personal data.
Hence general rules like transparency and lawful processing applies when location data is used (e.g. for location-based marketing)
ePD requires specific opt-in consent when processing location data
Location data, for ePD, is the location of the device (lat, long)
An opt-out option is required even after opt-in consent has been acquired