ConsentPlace and Privacy Laws.

To avoid confusion and explain what can be done or not, as of today, we’ve decided to ask ChatGPT (the 4o or v4 versions) questions you are asking us and then asked for all answers to be summarized:

Table of Contents

1. Sending an email to active consent and offering to create an account on ConsentPlace for a reward
   • USA
   • France
2. Sending an email to no/expired consent
   • USA
     • Sending an email without consent
     • Sending an email to expired consent
   • France
     • Sending an email without consent
     • Sending an email to expired consent
3. Offering a reward to gain Explicit Consent
   • USA
   • France
4. ConsentPlace: How does it work and is it legal

1. Sending an email to active consent and offer to create an account on ConsentPlace for a reward

USA

Prompt: In the USA, is it possible to send an email to accounts whose consent is active to offer to create an account on ConsentPlace for value to manage their consents? Answer with yes or no and list the main reasons for your answer.

Answer:

• Yes, it is possible to send an email to accounts with active consent to offer creating an account on ConsentPlace for managing consents. Main reasons:
  • Existing consent permits follow-up emails.
  • Email content is relevant to the original consent.
  • Compliance with CAN-SPAM Act.
  • Adds value for recipients.
  • Clear opt-out options included.

France

Prompt: In France, is it possible to send an email to accounts whose consent is active to offer to create an account on ConsentPlace for value to manage your consents? Answer yes or no and justify the response with major arguments.

Answer:

• Yes, it is possible to send such emails if consent is active. Main reasons:
  • Pre-existing consent allows relevant offers.
  • Compliance with GDPR.
  • Must be transparent and provide opt-out options.

2. Sending an Email to No/Expired Consent

USA

Prompt: In the USA, is it legally possible to send an email without consent? Answer yes or no and give the main reasons for your answer.

Answer:

• Yes, but must comply with CAN-SPAM Act. Main reasons:
  • Clear identification and no deceptive headers.
  • Must include opt-out mechanism.
  • Email must state it is an advertisement.

Prompt: In the USA, is it possible to send an email to expired consent? Answer yes or no and justify your answer with the main reasons.

Answer:

• No, it is not possible to send an email to expired consent. Main reasons:
  • Violation of consent terms.
  • Non-compliance with CAN-SPAM Act.
  • Risks to reputation and legal penalties.

France

Prompt: In France, is it legally possible to send an email without consent? Answer yes or no and give the main reasons for your answer.

Answer:

• No, it is not legally possible to send an email without consent. Main reasons:
  • GDPR Compliance: Personal data can only be used with explicit consent.
  • LCEN Compliance: Prior consent is required for commercial emails, except for existing customer relationships.
  • Privacy Protection: Emphasis on individual privacy and personal data control.
  • Sanctions for Non-Compliance: Heavy fines and sanctions by CNIL.
  • Consumer Rights: Strong protection of consumer rights and control over personal data.

Prompt: In France, is it possible to send an email to expired consent? Answer yes or no and justify your answer with the main points.

Answer:

• No, it is not possible to send an email to expired consent. Main reasons:
  • GDPR Compliance: Consent must be current and valid.
  • Consent Revocation and Expiry: Expired consent equates to withdrawal.
  • Active Management of Consent: Need for ongoing consent management.
  • Legal Risks: Penalties and fines for non-compliance.
  • Consumer Trust: Essential to maintain trust by respecting consent expiry dates.

3. Offering a Reward to Gain Explicit Consent

USA

Prompt: In the USA, is it legal to offer a reward to get explicit consent? Answer with yes or no and give main reasons to justify your answer.

Answer:

• Yes, offering rewards for consent is legal. Main reasons:
  • Common practice of value exchange.
  • Must be transparent and voluntary.
  • Compliance with CAN-SPAM and TCPA regulations.

France

Prompt: In France, is it legal to offer a reward to obtain explicit consent? Answer yes or no and justify your answer with the main points.

Answer:

• Yes, if it adheres to GDPR requirements. Main points:
  • Consent must be voluntary and informed.
  • Transparency about data use and rewards.
  • Must be documented and non-coercive.

4/ ConsentPlace: How does it work and is it legal?

Here we are using ConsentPlace CoPilot, a GPT made of ChatGPT4 and ConsentPlace websites contents.

Prompt: Do you know how ConsentPlace works? Please answer yes or no and provide explanations.

Answer:

• Yes, ConsentPlace is a marketplace for user consents related to personal data, involving user registration, buyer searches, transactions, data usage, and blockchain-based security.

Prompt: Is it legal in the USA and in Europe?

Answer:

• Yes, if compliant with relevant laws:
  • USA: Must comply with CCPA and other state laws.
  • Europe: Must comply with GDPR, ensuring explicit and informed consent.

Got more questions? remarks? Let us know!