“In a recent report commissioned by regulator Ofcom and written by German-based consultancy WIK-Consult, the authors note that it’s important to recognise that within the EU informed consent is needed both for placing cookies or similar tracking devices on a user’s device. The current laws and regulations in this area are the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 as well as the Data Protection Directive 95/46/EC.
The forthcoming GDPR also provides for a higher level of consent and transparency than exists at present and under the Trilogue negotiations taking place right now between the European Commission, European Parliament and Council of Ministers the parties will have to agree whether in certain circumstances such consent can be implied or whether it needs to be explicit in all cases.
Based on the premise that the opportunity costs of reading ‘gobblygook’ and largely unintelligible legal terms and conditions are the main reasons that keep users from engaging with them, the authors of the report conclude that making terms and conditions more accessible will improve the likelihood of them being read in the first place and for consumers being able to provide informed consent as a result.” Ardi Kolah, Henley Business School, July 22nd 2015
Clear cut and specific opt-in statements are some of the hallmarks of the new General Data Protection Regulation and offer the most stringent requirements yet for B2B marketers. This piece from Ardi Kolah delves into the intricacies of transparency requirements and provides a handy checklist of requirements to ensure you’re on the right side of the law when it comes to asking for consent.