14. Marketing and Consent
14.1. The College will sometimes contact Individuals to send them marketing or to promote the College. Where the College carries out any marketing, Data Protection Laws require that this is only done in a legally compliant manner.
14.2. Marketing consists of any advertising or marketing communication that is directed to particular individuals. GDPR will bring about a number of important changes for organisations that market to individuals, including:
14.2.1. providing more detail in their privacy notices, including for example whether profiling takes place; and
14.2.2. rules on obtaining consent will be stricter and will require an individual's "clear affirmative action". The ICO like consent to be used in a marketing context.
14.3. Colleges also need to be aware of the Privacy and Electronic Communications Regulations (PECR) that sit alongside data protection. PECR apply to direct marketing i.e. a communication directed to particular individuals and covers any advertising/marketing material. It applies to electronic communication i.e. calls, emails, texts, faxes. PECR rules apply even if you are not processing any personal data
14.4. Consent is central to electronic marketing. We would recommend that best practice is to provide an un-ticked opt-in box.
14.5. Alternatively, the College may be able to market using a “soft opt in” if the following conditions were met:
14.5.1. contact details have been obtained in the course of a sale (or negotiations for a sale);
14.5.2. the College are marketing its own similar services; and
14.5.3. the College gives the individual a simple opportunity to refuse to opt out of the marketing, both when first collecting the details and in every message after that.