Change of domain ownership - mailing lists

Company A has a domain - alpha.com - people sign up to the mailing list, expecting emails from alpha.com

Company A closes and the domain expires.

The domain is bought by Company B. No other assets involved.

People on the mailing lists start to receive emails from alpha.com

These emails are expected, as they signed up to receive emails from Alpha.com, but they're now from a different company.

How does this work re GDPR?
 

Frank the Insurance guy

Business Member
  • Business Listing
    Oct 28, 2020
    1,326
    4
    656
    meadowbroking.co.uk
    The domain is bought by Company B. No other assets involved.

    Is the mailist not an "asset"?

    Sounds like Company B paid for the domain and the mailists?
     
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    fisicx

    Moderator
    Sep 12, 2006
    46,685
    8
    15,381
    Aldershot
    www.aerin.co.uk
    @Ozzy is the man to answer this as he has gone through this exact process.

    The new owners need to write to everyone on the mailing list to inform them of new ownership and provide the means to opt out.
     
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    Ozzy

    Founder of UKBF
    UKBF Staff
  • Feb 9, 2003
    8,322
    11
    3,440
    Northampton, UK
    bdgroup.co.uk
    If they bought the mailing list, then it would be clearer, but in this case they didn't.
    No, it isn't clearer. There are strict rules around this, which I have had to comply with twice with this site. Ironically, each time I comply, I get complaints from the members.
    I am going to assume that they purchased the mailing list along with the domain name because if they didn't buy the mailing list and are sending emails purporting to be from the domain name without acquiring that data, other questions should be asked - so I'm going to assume it was done correctly and legally.

    When my company, Business Data Group Ltd (BDG), purchased this site, I sent a legal notice detailing the transfer of personal data to each member in the database using any reasonable method. I emailed everyone and published the notice on the site, explaining that their personal data had been purchased by BDG. I got a bunch of complaints saying stop spamming me, despite the law stating I must send them that email! 😅

    Ironically, last week I personally purchased UKBF from my own company BDG, and I need to send that same email again detailing everyone's data has been acquired by UK Business Forums Ltd so I'm going to get a bunch more complaints saying stop spamming me :oops:. Nonetheless, it's the law so I have to do it.

    If you need a copy of the wording that needs to be used which was drafted by my solicitors look out for my email next week.
     
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    Ozzy

    Founder of UKBF
    UKBF Staff
  • Feb 9, 2003
    8,322
    11
    3,440
    Northampton, UK
    bdgroup.co.uk
    Complaint drafted, just waiting for that email.
    Make sure you throw in a few threats of reporting to the ICO, and drop in 'breaching GDPR law' and data protection in there somewhere.
     
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    Chatgpt to the rescue...

    Dear Ozzy,

    I hope this email finds you well, basking in the glory of your latest achievement: breaching GDPR law in the most spectacular way possible. Bravo!

    I recently received an email informing me that the website and its data have changed hands. How thrilling! However, what’s even more thrilling is the blatant disregard for data protection and privacy regulations this transition has showcased. You’ve really outdone yourselves.

    Allow me to clarify my grievances:

    Unauthorized Data Transfer: Did you think we wouldn't notice? Transferring my data without explicit consent is a textbook case of breaching GDPR law. Ever heard of it? The General Data Protection Regulation? It’s kind of a big deal.

    Lack of Communication: An email post-facto informing me that my data has already been handed over? How considerate. What about obtaining prior consent? Or does the concept of transparency not fit into your business model?

    Data Protection: I was under the impression that my data was being handled with care and in accordance with data protection laws. Silly me! Clearly, this was an oversight on my part.

    If this cavalier attitude towards my personal data continues, I will have no choice but to report this incident to the Information Commissioner’s Office (ICO). They tend to take breaches of GDPR law quite seriously, in case you were wondering.

    I strongly urge you to review your data handling practices and ensure immediate compliance with all relevant regulations. A prompt response outlining the steps you are taking to rectify this situation would be appreciated.

    Looking forward to seeing some real change,
     
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