GDPR | Data Protection Solicitors

Using Personal Data for Marketing and Data Monetisation

We advise on all aspects of using personal data for marketing, fundraising and development purposes. In addition to GDPR and Data Protection Act requirements, there are additional rules contained in the Privacy Regulations concerning electronic marketing (eg, email marketing) that organisations need to be mindful of.

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Our GDPR solicitors can advise on:

GDPR consent requirements for marketing. Consent is required before sending certain types of marketing communication. However, in many cases the consent requirement does not apply and in our experience, many organisations seek consent when they do not need to. Therefore when we are asked to advise on marketing consents, our first step is often to work with the client to see if consent is needed.
Buying and selling databases containing personal data. A compliant database can be a valuable asset and we are sometimes asked to check databases for compliance ahead of a sale of the database or business.
The use of photographs and videos for marketing purposes. This includes both traditional marketing and also the use of photographs and videos in other contexts, for example, using photographs of employees in an in-house magazine.
Other forms of marketing and platforms such as social media and viral marketing.

We have particular expertise in advising our university, independent school and charity sector clients in this area.

Personal Data and Charities

Charities in particular are exposed because the definition of a marketing communication includes any communication that promotes their aims and ideals. This means that charities often have to comply with the marketing rules when engaging with individuals generally. A newsletter will often be caught even if it does not contain an explicit request for funds or other support. We are also experienced in advising charities on particular problem areas such as wealth screening, profiling and data enrichment.