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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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GDPR email question. I am helping out a local business

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GDPR email question. I am helping out a local business coming out of COVID shut down - if we were to send an email out to their database (in the region of 400) saying that they are now open - is that legal?
JA: Where are you? It matters because laws vary by location.
Customer: Hello! The UK
JA: What steps have you taken so far?
Customer: Nothing - I know there are so many laws I havent acted on anything.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The local business in question, I don't think emailed their database in 2018 regarding GDPR opt in/outs They have just asked me what they can do to tell people they are opening and one of the thoughts I had is to send their customers an email to simply say from X date they will be open again

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Did those 400 people consent to being emailed?

Customer: replied 2 day ago.
I don't believe GDRP emails were sent out to their customers - they have only ever used emails to send receipts or to reply 1:1 to emails sent directly to them.
Customer: replied 1 day ago.
They do not have a central database of emails - just their inbox - its a very small business (and extremely old school) but of course because of lock down they are really struggling and want to get the word out that they are re-opening! I just obviously want to recommend something to them (eg: emails) if they will get fined which will finally destroy
their business!

Ah, unless they have consented then it would technically be a breach of the Data Protection Act 2018.

They should explicitly consent to being emailed.

Can I clarify anything for you about this today please?

Customer: replied 1 day ago.
As the data protection act passed in May 2018 - if we were to send those 400 people an email saying please opt in or opt out of news about the business now - would that be a breach as it is passed the deadline?

Sadly yes. You needed to have done this before.

I am sorry

You could always try it and see if anyone complains.........

Does that clarify?

Customer: replied 1 day ago.
that does - thank you so much
enjoy your evening
Kind regards
Grace

All the best. If I could invite you to rate me 5 stars before you go today by clicking the button at the top of the screen, so the site credits me for the time spent. I am only paid when you rate. if you need further help please click reply. Thanks in advance.

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