Competition winner never announced

beautybutterfly

What are the rules regarding giving details of who won a competition?

I entered a competition on IG a couple of months ago and I really think I was the only person who entered but yet I never saw a winners announcement and after messaging the person who hosted the giveaway I never got a response to my polite question of 'has the winner been drawn yet?'

sleepyjones

Code rule 8.28.5 states that promotors must publish, or make available the full name and county of all major prize winners. CAP is completing work following a consultation on changes to its rules on the collection and use of data for marketing. These changes are intended to ensure that its rules cover data protection issues most relevant to marketing, and that they are aligned with the standards introduced by the General Data Protection Regulation (the GDPR). Until the work is completed, the ASA will not administer rule 8.28.5.

brightonman123

ask on their twitter feed too, if any. keep it polite!

beautybutterfly

sleepyjones wrote: »

Code rule 8.28.5 states that promotors must publish, or make available the full name and county of all major prize winners. CAP is completing work following a consultation on changes to its rules on the collection and use of data for marketing. These changes are intended to ensure that its rules cover data protection issues most relevant to marketing, and that they are aligned with the standards introduced by the General Data Protection Regulation (the GDPR). Until the work is completed, the ASA will not administer rule 8.28.5.

until the work is completed? what does that mean?

mjm3346

beautybutterfly wrote: »

until the work is completed? what does that mean?

Could be some time

It may be difficult for promoters to meet the strict GDPR conditions of consent. For example, the condition of consent being ‘freely given’ – in willingness to be compliant with the CAP rules, promoters would have to make participation in competitions conditional to providing consent. The GDPR does not allow collection of consent that is conditional to a provision of service.

Also, under the GDPR individuals have a clear right to withdraw their consent at any time. This could cause difficulties in complying with rule 8.28.5.

CAP has not given a timeline as to when the work to change Rule 8.28.5 will be completed.

There is therefore a degree of ambiguity surrounding whether or not promoters should publish or make available the full name and county of major prize winners. Especially given that competitions could run for a number of months, with the changes to the CAP Code potentially arriving whilst the competition is running.

Pending publication of the new CAP Code rules, and in order to facilitate compliance with the GDPR, promoters may wish to avoid publishing or making available the winner’s information if the winner’s consent to do so was collected as part of their entry into the prize promotion. As such, promoters may determine there are more suitable lawful bases for publication of winners’ details, such in the “legitimate interests” of promoters to comply with best practice in the industry or performance of contract between a promoter and the competition participants.

Alternatively, a promoter can simply obtain the winner’s consent to publish their details after they have been notified that they have won a prize, in this way, such consent is likely to meet the GDPR standard of being truly freely given and fully informed.