GDPR, consent and your ongoing obligations


We warned about bad advice which was being given out by ‘experts’.

Author: Nona Bowkis
Reading time: 2 minutes

This article is 3 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

This time last year, Lawgistics were very busy trying to re-educate businesses who had been told to rely on consent for marketing.

We warned about bad advice which was being given out by ‘experts’ who were advising people to get consent from everyone on their marketing lists.

At one point, we even wondered if it was us who had got it wrong as we seemed to be a lone voice advocating ‘legitimate interest’ and reliance on the lesser known Privacy & Electronic Communications Regulations. However, of course we got it right as not only do we do law but we also understand the motor trade.

Interestingly, the March edition of the Law Gazette reports that lawyers were publicly criticised by Chris Combemale, chief executive of the marketing network DMA Group. Combemale told a Westminster Legal Policy Forum conference that many of the 1,000 DMA members had been wrongly told to focus on consent as the basis for processing data. Many businesses had followed ‘extremely conservative’ advice from their lawyers, he said, and sought to gain consent – or even double consent – to retain customer details.

Combemale added: ‘The legal profession had a considerable misunderstanding of how this legislation could and should apply to the marketing sector.’ He gave one example of a lower-league football club which had 100,000 supporters on its database before May 2018, but followed its lawyer’s advice to gain double opt-in. The club’s signups dropped over 97%.

Lucky for our members, we were on hand to give the correct advice through workshops, legal updates and information packs. Building on that, we now have HR Manager available to all our members which provides all the tools our members need to keep on top of GDPR compliance. HR Manager also makes managing your staff and keeping on top of health and safety super easy and efficient. If you are a member and  haven’t yet logged on to your HR Manager portal, gives us a call and one of the client care team will help get you set up.

Nona Bowkis

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.