Q&As

Party A markets party B’s goods and services directly to party A’s marketing list on behalf of party B. Would a general consent to receiving marketing from third parties (unnamed) be sufficient as a lawful basis under the General Data Protection Regulation (GDPR) regime for Party A’s processing of personal data for that purpose?

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Published on LexisPSL on 21/08/2019

The following TMT Q&A provides comprehensive and up to date legal information covering:

  • Party A markets party B’s goods and services directly to party A’s marketing list on behalf of party B. Would a general consent to receiving marketing from third parties (unnamed) be sufficient as a lawful basis under the General Data Protection Regulation (GDPR) regime for Party A’s processing of personal data for that purpose?
  • Consent under the GDPR
  • Specific and informed

Party A markets party B’s goods and services directly to party A’s marketing list on behalf of party B. Would a general consent to receiving marketing from third parties (unnamed) be sufficient as a lawful basis under the General Data Protection Regulation (GDPR) regime for Party A’s processing of personal data for that purpose?

This response focuses on the perspective of party A and assumes that no personal data will be passed from party A to party B (or vice versa) or otherwise be processed by party B. It also assumes that the marketing communications sent to customers on party A’s own database will clearly be identifiable as being sent from party A, even though they will feature party B’s products.

We are not aware of any current guidance on the Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) regime from the Information Commissioner’s Office (ICO) or European Data Protection Board (EDPB) which directly answers your query but we hope the following is useful to your research.

The ICO’s guidance, Direct Marketing, mentions this scenario briefly as follows (paragraphs 95 and 96):

‘Some organisations may wish to contact their customers with marketing material relating to third parties. This can take different forms such as the third party providing all of the content of the material which the organisation then sends out or it could be a dual branding

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