Clarity about Sending Home Flyers for Third-Party Organisations from SchoolPro TLC

As part of their experience within the education sector, our sponsor SchoolPro TLC provides the role of Data Protection Officer (DPO) as a service for schools.

​The SchoolPro Team have been receiving a number of queries from schools about the issue of sending home flyers for third-party organisations by email or post.

See below for their updated guidance on sending out communications from third-party organisations to parents. The team are able to draw on their knowledge as former school leaders, as well as their DPO expertise.

Your school, for example, might be thinking about sending home a communication about local community events or third-party activity providers. Email is often used by schools for this, although SchoolPro TLC have reservations due to email being subject to Privacy and Electronic Communications Regulations (PECR) and additional consent requirements.

Here are the various implications of each option for sending communication home and what requirement you should meet:

Postal Leaflets in School Bags
The process for sending postal leaflets via school bags is not subject to the privacy and electronic communications regulations (PECR), which means consent is not required.

The school can rely on a Legitimate Interests lawful basis and perform a Legitimate Interests Assessment (LIA) for the overall practice of sending out these mailings. It is crucial that parents are informed about this process and have the clear option to opt-out. The school needs to ensure that parents are aware of their rights and the school’s processing activities through clear communication, such as a statement in a parent newsletter. This approach negates the need for separate LIAs for each third-party organisation's materials being sent out.

In order to notify parents about this processing, the school could add the following into a parent newsletter (or similar) – words to the effect of:

"we will occasionally send home flyers from trusted third parties such as the local authority in pupil bags. This is to make you aware of events, activities, services and products that we think may be of interest to you or your family. Please let us know if you object to this and we will ensure that you don’t receive this information.”

Electronic Communication (including Email)
There are two distinct categories regarding electronic communication:

1. Direct Marketing Messages
These include communications where a paid service is being offered, or there is fundraising or similar activities involved. Examples include services like school photography or extracurricular activities run by external companies that require payment. These types of messages require prior opt-in consent from the recipients, and it must be straightforward for them to withdraw consent at any time.

It is important to ensure that this consent is specific, informed, and unambiguous.
The school should not use opt-out forms for these types of communications; instead, an explicit opt-in mechanism should be in place.

2. Promotional Messages Not Classified as Direct Marketing
This category includes communications that can be considered part of the school's or trust's legal function as a public body and do not have a paid-for element.

Examples might include free educational opportunities from the local library or informational leaflets from the NHS. These messages do not require prior consent but fall under the 'public task' legal basis. While upfront consent is not needed, parents should still be informed about these communications and have the ability to object to receiving them, akin to the opt-out process in legitimate interests. Similar notification to that quoted above for the school bag method could be used to ensure transparency.

In Summary
For non-commercial promotional messages sent by electronic media, and leaflets (commercial or otherwise) in school bags, consent is not required upfront, but there should be an option for parents to opt-out or object. Schools must inform individuals about this processing beforehand, maintaining transparency and adhering to data protection principles.

For commercial promotional messages sent by electronic media, including paid-for services or fundraising, schools must obtain clear, opt-in consent from parents before sending these communications.

By distinguishing between these types of communications and applying the correct legal basis for each, schools can ensure compliance with data protection regulations while keeping parents informed about relevant services and opportunities.

This marketing definition might be helpful clarification for you.
Direct marketing is any type of advertising or promotional material aimed at a particular person.
​Mass marketing, such as an advertisement in a magazine, is not aimed at anyone in particular.

INFORMATION COMMISSIONER'S OFFICE | MARKETING GUIDANCE

We hope that you find this advice helpful and the SchoolPro TLC Team are available should you need further guidance and support. 

With thanks to Director Ben Craig and the SchoolPro TLC Team.

More information about SchoolPro TLC

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