The UK Information Commissioner’s Office has published guidance regarding its expectations for controllers and health professionals during the COVID-19 outbreak.
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Marketing
Dutch DPA Fines Royal Dutch Tennis Association 525,000 Euros For Illegal Data Sale
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On March 3, 2020, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, the “Dutch DPA”) announced that it had imposed a €525,000 fine on the Royal Dutch Tennis Association (De Koninklijke Nederlandse Lawn Tennisbond, “KNLTB”) for an illegal sale of personal data.…
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ICO Fines Scottish Company Maximum Amount for Automated Calls
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On March 2, 2020, the UK Information Commissioner’s Office fined CRDNN Limited for a breach of the Electronic Communications Regulations due to unsolicited automated direct marketing calls. …
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Good News for TCPA Defendants
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Posted in Marketing, U.S. Federal Law
The meaning of an “automatic telephone dialing system” (“ATDS”) as defined by the Telephone Consumer Protection Act (“TCPA”) has been hotly contested since the D.C. Circuit invalidated the prior Federal Communications Commission (“FCC”) rulings interpreting the TCPA in 2018. The Ninth Circuit has held that merely calling numbers from a stored list is sufficient to meet the definition of an ATDS, while the Third Circuit has at least indicated that the ability to generate numbers randomly or sequentially is the defining characteristic.…
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Belgian Data Protection Authority Releases Direct Marketing Recommendation
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On February 10, 2020, the Belgian Data Protection Authority published its Recommendation on data processing activities for direct marketing purposes. The Recommendation aims to clarify the complex rules relating to processing personal data for direct marketing purposes. …
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Italian Garante Fines Telecom Company 27.8 Million Euros for Unlawful Marketing Practices
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On February 1, 2020, the Italian Data Protection Authority announced that it had levied a fine of 27.8 Million Euros on TIM S.p.A., a telecommunications company, for several unlawful marketing data processing practices.…
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ICO Publishes Draft Direct Marketing Code of Practice for Consultation
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On January 8, 2020, the Information Commissioner’s Office (“ICO”) launched a consultation on its draft direct marketing code of practice (the “Draft Code”), as required by section 122 of the Data Protection Act 2018 (“DPA 18”). The Draft Code is open for public consultation until March 4, 2020.…
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FTC Enforcement Action Against Deceptive Online Reviews
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Posted in Enforcement, Marketing
On October 21, 2019, the Federal Trade Commission took action against two companies alleged to have engaged in the business of false online reviews and social media influence.…
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ICO’s McDougall Warns Adtech Sector that Change Is Needed
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In a speech delivered on July 11, 2019, at the Westminster Media Forum, Simon McDougall, Executive Director for Technology Policy and Innovation for the UK Information Commissioner’s Office, stated that “change is needed” in the adtech sector.…
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ICO Warns of Increased Focus on Adtech
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The UK Information Commissioner’s Office recently published an updated report on adtech, following a Fact Finding Forum held in March 2019 and consultation with industry players. The report focuses on whether and how organizations in the adtech sector can comply with the GDPR and the UK’s implementation of the e-Privacy Directive.…
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