Helping affiliates to meet stricter conditions for consent wording

Helping affiliates to meet stricter conditions for consent wording

Tuesday, February 13, 2018 Posted by Luke Massey
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GDPR was put in the spotlight at last week’s London Affiliate Conference

Gabriel Voisin, a partner at law firm Bird & Bird, has highlighted the key phrases to help affiliates meet stricter conditions for notice and consent wording.

Speaking at last week’s London Affiliate Conference (LAC), notice and consent wording was the first of four categories discussed by Voisin, alongside affiliates’ relationship with operators, preparing for new data breach notification laws and data transfer restrictions.

The session, held on the second day of LAC, was designed to help gambling-based affiliates understand the make-up of new GDPR and E-Privacy regulations, and how to prepare for them.

All companies will be required to update their privacy notices to communicate key information such as the data protection officer, details of data transfers outside the EU, the retention period and whether there is a statutory requirement to provide it, while there is an obligation to ‘unbundle’ consent for direct marketing from other T&C’s and remove the presence of pre-ticked opt-in boxes.

The key buzzwords to remember are that the wording should be specific and informed, freely given, and revocable without detriment, while it should include clear and plain language, separate consent for different processing operations and parental consent where necessary.

Voisin, who described consent as a “big piece of work tomorrow”, said that the new GDPR “simplifies the puzzle”, while urging affiliates to look upon its introduction as an opportunity to “do more with their userbase” in a lawful manner.

Totally Gaming says: The introduction of GDPR will pre-empt a shift in what an operator expects of its affiliate partners. Notice and consent wording will be monitored closely, as will the ‘who’s who’ of the relationship. The data controller and the data processor will become a more important distinction, as it will determine whether there is a direct obligation, an obligation to assist or no obligation to enforcing GDPR regulation.

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