Cipp/e Privacy book chapter 16+17+18 fully solved graded A+ 2023/2024

Cipp/e Privacy book chapter 16+17+18Data protection and direct marketing - correct answers The Data Processing Directive applies to all direct marketing communications. The e-Privacy Directive applies to digital marketing communications: over electronic communications networks, not to postal marketing. Also rules for online behavioral advertising. Right to opt out - correct answers Individuals must have a specific right to refuse (or opt out of) direct marketing sent by the data controller. Marketers must allow individuals to opt out across all marketing channels, Individuals must be able to opt out on request, Individuals must be able to opt out free of charge. opt-out registers - correct answers Data controllers should suppress the data and not delete it, so that they can cleanse their marketing contact lists against their internal opt-out records and applicable national opt-out registers. Marketing requirements under the e-Privacy Directive - correct answers The general rule is that most forms of digital marketing require the prior (opt-in) consent of the intended recipient, although a limited exemption exists for e-mail marketing communicated on an opt-out basis to individuals whose details the data controller collected in the context of the sale of a product or service. Postal marketing - correct answers the Directive requirements apply only. There is no express requirement in the directive to obtain consent for direct postal marketing. Some member states national rules nevertheless mandate the requirements for consent. In the absence of a mandated national requirement to obtain consent, data controllers may instead look to rely on their legitimate interests. Telephone marketing - correct answers Directive + e-Privacy directive apply. Article 13(3) of the e-Privacy Directive allows member states to decide under their national laws whether telephone marketing should be conducted on an opt-in or an opt-out basis. At a minimum member states must ensure that individuals have a means by which to opt out, free of charge, from direct telephone marketing. Automated calling systems - correct answers must always obtain individual's prior opt-in consent. Only for prerecorded messages.