[LRUG] Outsourcing Bulk Emailing

[Neil Middleton]

The exclusion to this is foreign companies which are Safe Harbor certified (such as Amazon, Heroku etc)

Trouble is Safe Harbor is self-certified, so if something goes wrong, the onus is on you.

http://www.dotmailer.co.uk/email_marketing_resources/law/the_data_protection_act.aspx 

Neil

On Friday, 21 October 2011 at 10:48, Michael Pavling wrote:

> On 21 October 2011 10:24, Paul Robinson <paul at 32moves.com (mailto:paul at 32moves.com)> wrote:
> > Data Protection law states that you must either:
> > a) Keep all personal data in a jurisdiction with European Economic
> > Area-equivalent data protection laws (i.e. within the EEA)
> > OR
> > b) Inform the subject that their data will be moved to a jurisdiction that
> > has less adequate protection before moving it.
> 
> > It isn't correct to say you must stay within the UK, but you must stay
> > within the EU unless you want to email your subscribers and give them the
> > option of opting out before moving it to the US.
> 
> "Personal data" is something that can be used to identify a specific,
> living individual, which an email address is generally taken to not be
> capable of.
> 
> But depending on the content of the email in combination with the
> address it's sent to, it *may* constitute "personal data"... it's a
> minefield - does your client not have legal advisers to guide them?
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