Can I use customer data for marketing purposes without violating privacy laws in Oregon? What are the requirements?

Using Customer Data for Marketing Purposes in Oregon

In Oregon, customer data is subject to privacy laws that regulate its collection, use, and disclosure. To use customer data for marketing purposes, you must comply with these laws and ensure that you have obtained the necessary consent from the customers.

Relevant Laws and Regulations

The relevant laws and regulations in Oregon that govern the use of customer data for marketing purposes include:

• ORS 646A.602: Prohibits the use of a consumer’s personal information for marketing purposes without obtaining the consumer’s opt-in consent.
• ORS 646A.622: Requires businesses to provide consumers with notice of their data collection and sharing practices and obtain the consumer’s opt-in consent before sharing their personal information with third parties for marketing purposes.
• ORS 646A.624: Requires businesses to provide consumers with notice of their data collection and sharing practices and obtain the consumer’s opt-out consent before sharing their personal information with third parties for non-marketing purposes.

Requirements for Using Customer Data for Marketing Purposes

To use customer data for marketing purposes in Oregon, you must:

1. Obtain the customer’s opt-in consent: Under ORS 646A.602 and ORS 646A.622, you must obtain the customer’s opt-in consent before using their personal information for marketing purposes or sharing it with third parties for marketing purposes. The consent must be freely given, specific, informed, and unambiguous.
2. Provide notice of data collection and sharing practices: Under ORS 646A.622 and ORS 646A.624, you must provide customers with notice of your data collection and sharing practices, including the types of personal information you collect, how you use it, and with whom you share it. The notice must be clear, conspicuous, and easy to understand.
3. Obtain the customer’s opt-out consent: Under ORS 646A.624, you must obtain the customer’s opt-out consent before sharing their personal information with third parties for non-marketing purposes. The consent must be freely given, specific, informed, and unambiguous.
4. Comply with other applicable laws and regulations: In addition to the above requirements, you must also comply with other applicable laws and regulations that govern the use of customer data, such as the Oregon Consumer Identity Theft Protection Act (ORS 646A.600 to 646A.628) and the Oregon Consumer Privacy Act (ORS 646.607 to 646.643).

Conclusion

To use customer data for marketing purposes in Oregon, you must comply with the relevant laws and regulations and obtain the necessary consent from the customers. You must also provide customers with notice of your data collection and sharing practices and ensure that you are not sharing their personal information with third parties without their consent.

Jurisdiction

Oregon

• General