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Question: How do I prove to the authorities that a subscriber has given consent? I imagine that an attribute on my "users" table is not enough?
They sign up, then you send them an email and track when they hit the “I approve” link.
Question: How do I prove to the authorities that a subscriber has given consent? I imagine that an attribute on my "users" table is not enough?
(But then, I have no idea what places have reasonable rules. I have never seen any with this specific failure for email, but IANAL and I haven't looked much.)
Question: How do I prove to the authorities that a subscriber has given consent? I imagine that an attribute on my "users" table is not enough?
In any reasonable law, you would prove that your procedures require consent before you start sending the emails. If you have to prove things about a specific user, you are already on unreasonable land. (But then, I have no idea what places have reasonable rules. I have never seen any with this specific failure for email, but IANAL and I haven't looked much.)
However, if I consent to a User Agreement, do you really think they keep a copy of the specific version of the User Agreement I accepted?
Earlier quoted context omitted.
In any reasonable law, you would prove that your procedures require consent before you start sending the emails. If you have to prove things about a specific user, you are already on unreasonable land. (But then, I have no idea what places have reasonable rules. I have never seen any with this specific failure for email, but IANAL and I haven't looked much.)
Actually this sounds like common law to me. But yes, this should be enough to me. However, if I consent to a User Agreement, do you really think they keep a copy of the specific version of the User Agreement I accepted?
Anyway, UA acceptance does not require and does not imply in opt-in to your marketing emails.
GDPR (EU and UK) is much more nuanced than this makes out. For example, there are a number of legal bases that can be used to process someone's personal data. For example, "Legitimate Interest" can be used if there is a reasonable way that the usage could be foreseen like sending a "How did we do" email after somebody buys something. Unfortaunately, this is not well-defined in the regulations so, for example, one com…
At our company, we are actually required to timestamp and enumerate the legitimate interest on all new marketing leads. I think the issue is here that GDPR is a fairly poorly written cudgel of a law, and regulators are really only using it to go after larger foreign tech companies. Smaller, local companies can get away with much more malfeasance because it would be such a pain to enforce.
The big notable cases are against large tech companies, but most of the fines and procedures involve local entities
Question: How do I prove to the authorities that a subscriber has given consent? I imagine that an attribute on my "users" table is not enough?
“Double Opt In” is the way to go. They sign up, then you send them an email and track when they hit the “I approve” link.
I live in Canada and I find it ridiculous that email without consent is illegal, phone calls without consent is illegal, but sending physical mail is perfectly fine. It makes me sad the amount of trees that must be cut down, shipped to a factory, processed into paper (with some hash chemicals), shipped to the printer, printed then shipped to me. Only to be thrown into the recycling unopened to be shipped to the recyc…
I live in Canada and I find it ridiculous that email without consent is illegal, phone calls without consent is illegal, but sending physical mail is perfectly fine. It makes me sad the amount of trees that must be cut down, shipped to a factory, processed into paper (with some hash chemicals), shipped to the printer, printed then shipped to me. Only to be thrown into the recycling unopened to be shipped to the recyc…
This is just a clear indication that it should have some cost to send a message, otherwise people (mis)use it until the legislators need to stop it attention robbery.