Marketing For Landlords - Data Protection

Introduction

Unless you deal all the time through an agent, all landlords will at some point get involved in marketing their properties to let. Depending upon how you go about it, there can be data protection implications for you. Both the General Data Protection Regulations (GDPR) in force from 25th May 2018 and EPrivacy Legislation can govern how you have to go about marketing. The EU EPrivacy requirements are set out in the UK in the Personal Electronic Communications Regulations (PECR). As such, these EPrivacy Rules are not changed. In fact they have been the law for some time. The only thing that alters is that the stricter requirements about how you must go about obtaining consent which apply under GDPR will also operate in relation to consents required under PECR/EPrivacy for marketing.

What is marketing?

Marketing is anything that you do to promote your letting business, but particularly finding tenants. Marketing is of two kinds -

  • Solicited - where the prospective tenant approaches you.
  • Unsolicited - where you go out “cold” and try to find tenants. This applies where there is no prior approach from the tenant.

Solicited marketing

If the marketing is solicited, i.e. the tenant approaches you in the first instance, then GDPR applies but contractual performance will then be the gateway allowing you to handle any personal data, e.g. contact details, which you may gather so long as this is necessary. PECR/EPrivacy need not concern you in this situation. You can communicate with the tenant in whatever way you want, including email, telephone etc.

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