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Privacy and Electronic Communication Regulations (PECR)

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Privacy and Electronic Communication Regulations

This legal obligation is deply integrated with the Data Protection Act with some shared definitions.   Regulations apply where marketing material is directed to a named person - an email.   Marketing material includes everything that is not a transactional message such as an invoice that is mandated part of a business interaction.   If you are not sure, then it includes marketing, promotional, reference, appeal, rally etc..

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Exceptions

1. Where the communication is a normal part of a current business transaction or interaction.
2. Where the communication is to a company such as "sales@pcw.co.uk" rather than to a named person.

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Security Breach

The UK Information Commissioners Office (ICO) must be notified within 24 hours of any data security breach.   A log of all breaches must be kept and all (impacted) customers must be notified.   A security breach is where data involving living people is lost, altered or disclosed.   This includes the loss of a computer, tablet or phone containing such CRM data.

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Computer Theft

CRM data must never be stored on any desktop, laptop, tablet or phone.   Where a computer holding CRM data is stolen, the ICO may fine the company that permitted CRM data to be stolen.   Fines of up to 5% of worldwide revenue have been recommended.
Nationwide was fined £1.5 million after a thief broke into an Executives home and stole a laptop containing CRM data.   A sole trader was fined £5000 after a thief stole a laptop from the passenger seat of his car when stopped at traffic lights.
ACRM ensures that CRM data never needs to be stored on a local computer that may be stolen or lost.
 
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Opt-In

Before a named person can be sent any marketing material such as a quotation, the named person must opt-in to recieve such marketing information.   A person may opt-in to recieve some kinds of material but not others - evidence must be recorded as to what, how and when the person opted-in.   Where a person has opt-in to recieve a specific product price that does not mean they have opted in to recieve other product price messages.   It is hard to imagine that a person could consent to third parties providing marketing material.
ACRM is designed to ensure that every message to a customer contact is fully compliant with PECR with regard to opt-in evidence.

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Opt-Out

Every communication with a named person must include the ability for that person to easily opt-out of recieving any similar material.   Once a person has opted-out, they must not be sent any marketing material until after they have formally opted-in again.   Any marketing message to a customer contact without an easy opt-out button may be illegal.
ACRM is designed to ensure that every message to a customer contact is fully compliant with PECR with an opt-out button.

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Evidence

A key factor for PECR compliance is to ensure that when challenged, evidence can be provided to clearly demonstrate that the named person opted-in before any marketing material was sent to them.   An implied opt-in by telephone may not be adequate evidence to a court.   Pretending that sending a greeting card is not marketing material is not likely to work.
ACRM has built in procedures and methods of working that ensure that the company fully comply with the law - protection from people who like to claim damages.   Every communication with a customer contact is recorded, every opt-in is recorded, every opt-out is recorded and the contacts prefered contact method is always up to date - it may say NONE.
Privacy And Electronic Communication 23 Oct 2017 : 03:28Copyright © 2017 LeXica Ltd54.167.250.64 request 1 in 0.05 seconds