21
votes
Is it legal for a company to require you to delete your account to unsubscribe from marketing emails?
No, it's not legal.
The General Data Protection Regulations (GDPR) apply given that you are in the UK (regardless of where the Data Processor is based). The UK GDPR is slightly modified due to Brexit,...
- 602
14
votes
Is it legal for a company to require you to delete your account to unsubscribe from marketing emails?
Unless a stipulation in a contract is clearly illegal in the contract's stated jurisdiction, it's legal to have it in a contract, and the Terms of Service (TOS) you clicked through is a contract. If ...
- 19k
6
votes
Accepted
How do email delivery services store users' email addresses in a GDPR compliant way?
GDPR is not a blanket ban on the handling of personal data. It is a set of guidelines when and how data may be processed and stored. Documenting the compliance with a deletion request is one of many ...
- 20.5k
6
votes
Is it illegal to pre-check the email opt-in option for an html form?
Article 4(11) says:
‘consent’ of the data subject means any freely given, specific,
informed and unambiguous indication of the data subject’s wishes by
which he or she, by a statement or by a clear ...
- 19.5k
5
votes
Accepted
Is it illegal to pre-check the email opt-in option for an html form?
If you are relying on consent as the legal basis for this processing of personal data, then it MUST be opt-in. Pre-ticked checkboxes are not compliant.
If you are relying on a legitimate interest ...
- 24.1k
5
votes
Accepted
Where is the line between transactional vs marketing emails with GDPR?
You have not logged in for a few days, come back
Marketing in the way it is formulated. Transactional only if it is mandatory for the contract, such as a reminder that the service is due to end.
...
- 45.3k
4
votes
Accepted
Is MailChimp compliant with GDPR?
Mailchimp as a company is probably mostly GDPR-compliant. But this doesn't mean that using the Mailchimp service would be compliant as well.
This is because the GDPR has different compliance ...
- 24.1k
3
votes
Understanding electronic mail marketing under the UK's Privacy and Electronic Communications Regulations (PECR)
How can a new business (especially a tech business) find its first few customers if not by cold texting in some way or another?
Don’t know, don’t care. This is Law SE, not Marketing SE.
Does PECR ...
- 227k
3
votes
Is it legal for a company to require you to delete your account to unsubscribe from marketing emails?
Being in the UK you probably fall under the GDPR (unless the UK removed itself from that, I don't think they did).
The GDPR gives you the right to have your data removed from a database upon request, ...
- 563
2
votes
What to do if a company starts sending abusive newsletters years after having asked them to stop?
GDPR is an European regulation, but enforcement is left to the national authorities. Those would be your first point of contact, especially if it is unclear to you where the offender is legally ...
- 20.5k
2
votes
Is it legal for a company to require you to delete your account to unsubscribe from marketing emails?
The corner point here is that the user agreement is a contract between you and Microsoft, and that contract clearly states that all along the program life, you will receive marketing emails.
If that ...
- 149
2
votes
Is it legal for a company to require you to delete your account to unsubscribe from marketing emails?
According to the CAN-SPAM Act:
§ 316.5 Prohibition on charging a fee or imposing other requirements on recipients who wish to opt out.
Neither a sender nor any person acting on behalf of a sender may ...
- 137
2
votes
How do email delivery services store users' email addresses in a GDPR compliant way?
Email sending providers do not send a lot of emails on their own behalf – mostly they are just acting as a data processor on behalf of some other company. Such data processors are GDPR-compliant by ...
- 24.1k
1
vote
Since cold emailing/SMS/phone is illegal, how am I still receiving a lot of marketing calls/emails/SMS
Such calls, emails or msgs may well be illegal in Australia. But how high a priority are they for law enforcement? If you haven't been successfully scammed, if all that has been taken is a few ...
- 115k
1
vote
Where is the line between transactional vs marketing emails with GDPR?
where is the line drawn between a transactional and a marketing email? Where would these other kinds of emails fall under, transactional or marketing?
Only item 2 is palpably about marketing. All ...
- 45.5k
Only top scored, non community-wiki answers of a minimum length are eligible