The last two decades have seen the most technological revolution – digital technology taking its lead in various forms. When it comes to digitization as a game-changer, we have numerous examples that caused creative destructions.  From tablets and laptops to smart televisions, the 21st century household is often packed with gadgets and devices. Bro...
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Should competition law incorporate data protection concerns? If so, how might the consumer welfare standard incorporate these concerns?Yes, the competition law should incorporate concerns related to data protection. Competition can include invasion in market share and corresponding dominance in the market. While competition law can make fair j...
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The modern world is seeing a faster transformation which involves more software-based objects and actions than traditional means which we have been used to, for a long time. “Code as law” saw legal codes crafted by democratically accountable lawmakers. But they get scrutinized, influenced or at times, gets commanded by the less democratically accou...
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GDPR sets a high standard for obtaining valid consent and it is considered one of the lawful bases for processing personal data, but such a requirement is not always needed. However, legal aspects like the necessity of processing for the performance of a contract, compliance with a legal obligation, protection of vital interests, and many o...
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The Brazilian LGPD (Lei Geral de Proteção de Dados) is a new data privacy law that will apply to businesses (both inside and outside Brazil) that process the personal data of users located in Brazil. The new law is expected to go into effect on August 16th, 2020.Brazil’s Lei Geral de Proteção de Dados (or LGPD) brings sorely needed clarification to...
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Further to the recent data turmoil, Facebook, as part of the set of actions, announced changes that would make businesses and media organisations less visible in people’s news feeds. This could impact on businesses that relied on traffic from Facebook to generate sales. Do we need to worry about the change Facebook has made?The first thing to do in...
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GDPR stands for the General Data Protection Regulation that globally impacts the processing of all personal data of residents in the European Union (EU).1. General Data Protection Regulation (GDPR): Effective May 25, 2018, the GDPR aims to protect and strengthen the privacy rights of EU individuals through stricter, more defined requirements for ha...
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These are the most common mistakes we see new email marketers make, which result in accidental spam filtering:Using spammy phrases, like "Click here!" or "Once in a lifetime opportunity!"Going crazy with exclamation points!!!!!!!!!!!!!!!USING ALL CAPS, WHICH IS LIKE SCREAMING AT THE TOP OF YOUR LUNGS VIA EMAIL (especially in the subject line)Colori...
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Having recently been asked by a new client to do a mail out for over 11,000 emails, we thought that I would take a moment to do a write up and explain what I think are some of the important points and considerations in maintaining and operating large emailing lists. These are of course, legitimate, opt-in email lists, not those obtained by illicit...
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A general bounce is recorded when the server could not deliver an email message, but also the bounce processing tool could not detect a specific reason. In most cases, this is related to a soft bounce. Normally that is because the bounce message from the recipient's server was very broad. We treat these as soft bounces. Example: "Subject: Undeliver...
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You have collected thousands of opt-in email addresses from your website and added them to your mailing list without properly verifying if the address owners actually consented to be subscribed to your list. You sent out a bulk mailing to the list and now you're blacklisted by ISPs and spam filter systems for spamming. How can you now fix the probl...
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