To think Estate Agents aren't bothering with GDPR?

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We've been house hunting for the last year, and every time we book a viewing we're added to the agency's mailing list for other properties, without ever having been asked. In some cases we get multiple emails from different agents at the same agency (I've been told this is because at some companies the agents compete with each other rather than work together). Most of the properties they send us don't fit our search criteria - and the ones that do are already sent to us via Rightmove so the agency emails are completely unnecessary. Agents also cold-call us several times a week "to see how our search is going".

I passively resist all of this unwanted attention by blocking calls, auto-deleting emails etc, but I avoid actively complaining because I don't want to get on the wrong side of agents who I might one day buy a house from.

As the GDPR deadline date approached we did get an email from a couple of small independent agents asking us to confirm we wanted to remain on their mailing list, but the majority haven't bothered. We still get their emails, and there is no "unsubscribe" link to opt out.
It seems to me they're ignoring the legislation. Is everyone else finding the same thing in their area?

It would not surprise me if they ignore it until someone reports them.

As it is a few weeks away, just email them asking for no more emails. You might choose to say that you don't want to fall foul of GDPR, perhaps claiming you've heard about it at work.

GDPR isn’t due to be implemented til 25th May 2018 but it’s likely they haven’t realised the implications. I work in an area which deals with a large amount of personal data and it’s staggering the amount of organisations that haven’t even considered it yet

I'd give them some extra time to be honest. The legislation doesn't change until 25th May and they may be working on the communications. The place I work (not an estate agent) is still working on theirs but it will be done before the deadline

You would be shocked if I told you my area of work and the fact we have no clear GDPR information or direction other than an e-learning exercise.

Some companies are taking advantage of the fact that gdpr is still a bit of a way off yet.

A lot of organisations aren't bothering with the GDPR. Particularly the NHS. The NHS doesn't bother with The Data Protection Act, which has been around 20 years

But surely, it stands to reason, that if you give your information to an estate agent they will send you details of other properties they have?

Failing to see the issue.

Unlikely that agency A gives your details to Agency B.

Different staff in the same office will of course all use one big list.

But surely, it stands to reason, that if you give your information to an estate agent they will send you details of other properties they have?

No, I've given them my information because I want to go and see a (single) property that they are marketing, not because I want them to send me information about other properties. It's exactly the same as enquiring about, or purchasing, a product from an online shop and then being bombarded with emails and phonecalls to see if you're interested in other products they have on offer, with no easy way of opting out.

Under GDPR, companies have to tell you how they are going to use your data before you provide it to them, and only collect the minimum amount of data required for that purpose, and only use it for that purpose (it's reasonable to provide basic verifiable identification data when you're a stranger meeting an agent at a private property). They also need to delete it when it is no longer needed for that purpose (I have friends who are still being phoned up by agents 2+ years after buying a property to see if they're still looking), and you also have the right to ask them to delete it.

Roll on May 25th.

I’m struggling with this too, specifically with estate agents.

I sold two properties last year, one privately and one through an estate agent, I used various agents to value them. I’m still getting calls asking have they sold, have I found another property etc. I’m still (despite unsubscribing) getting emails with property in my area. One particularly annoying one to ‘Mr and Mrs rue52’ - I’m not married, never have been, not even in a ltr! I feel your pain op.

The trouble is you are talking about emails which dont come under gdpr - they fall under pecr.

The gdpr does not require prior consent for direct marketing (i.e. print marketing) but the pecr does, however they cannot email you asking for consent as that constitutes direct marketing by electronic means.

I only know this because I'm having to send thousands of forms out to our individual contacts (not business contacts they can still be sent direct marketing by electronic means) asking them for their communication preferences otherwise I have to remove them from our mailing lists.

So, in a rather long winded way, estate agents are already breaking the rules around pecr if they haven't obtained your consent to receiving direct marketing by electronic means. They probably say something in the small print but at the very least they should provide an unsubscribe field.

I find it ironic the amount of emails I get from companies wanting to sell me training for my company regarding the GDPR. I have no idea where they got my email address from!

But Gdpr does require them to justify why they’ve kept my personal details, from our one interaction last year, does it not?

I think many companies are ignoring gdpr and I imagine most of Europe will too. I really think the UK over implements everything.

Their privacy policy will have to be updated to clearly show their justification for keeping your data, for how long they plan on keeping it, what they do with it etc and that policy should be sent to you or made available in their future communications to you after 25 may. Unfortunately it doesn't mean that they will automatically remove you from their list if they can justify what theyre sending as being of relevance to you.

After this date if you want your data removed they have to honour that within, I think, a month or a reasonable time frame.

I'm not bothered AT ALL by GDPR. I think I've probably had about 15 emails in the last week alone about it and I've read maybe 2 of them. i heard on the radio jeremy vine please dont judge me! that if we were to read all the terms and conditions of everything we're supposed to it would take 73 days. I honestly could care less if soneone can match up my name, address and library card number.

I work in an organisation gearing up for dealing with GDPR and we've not sent out our 'opt in to stay in our database' emails yet. There's still more than a month before it needs to happen.

Although I'm getting antsy and would like the first batch sent out this week ideally.

From my very little knowledge of GDPR I'd imagine they might just be hoping to swing through on 'legitimate interest' if you've contacted them and asked for house details. Maybe?

From my very little knowledge of estate agents, I wouldn't be hugely surprised if their GDPR compliance is a bit wrinkled round the edges...

You'll need to request to be removed from the lists, if you can manage to find a contact email or number.

I don't see how that would offend a professional, I'm sure many others before you have made similar requests.

@nobutreally, yes, of course it would be legitimate interest, you are correct - or it could be expectation of performance of a contract.

Estate agents sell houses, so are going to email about them.

Now, if they had a side line in selling holidays - that would fall foul of the no consent rule when GDPR comes in.

Mind you, I have never taken more than a few weeks to find a house, so I struggle with people who seem to take years. I always wanted the process over and done with quickly.

I work in an organisation gearing up for dealing with GDPR and we've not sent out our 'opt in to stay in our database' emails yet

as elmo1980 above says unless you actually have legitimate grounds to email people that, in which case you don't need to email it, you cannot email it.

Of course it's possible you do have grounds, and the advertising value of the gdpr message is worth it.

I don't think it's clear that that an estate agency can email about other houses after a single request for details about house X. Marketing other houses would require explicit consent I would contest, certainly you could make a good case for "house X has just come back on the market / had its asking price lowered", but completely different house, sounds like marketing.

topcat2014, are you an estate agent? .

We were hoping it would only take a few weeks, but the market has stagnated over the last year. We're selling a house too, which is one of the drivers for some of the agents to keep calling - they want to persuade us to sell it through them instead because they have "good buyers" who have never heard of Rightmove or Zoopla.

We are also getting letters through the post saying things like "Dear Property Owner, your house has been on the market for X days - why not sell it to/through us instead?" They're harvesting information off Rightmove etc, but are somehow also managing to get the street number, which isn't listed. I'm assuming they have people driving around looking to see which houses have boards outside.

Ha. I was hoping GDPR might result in the agency we bought our house through 8 years ago will stop sending me a property of the week that falls in the 8 year old budget we had... but maybe not.

Strange, none of the estate agents here ever call or email when a new property comes on, despite having been asked to/assuring us they would. Useless.

Sending just to the owner would avoid gdp r altogether. I just got lumbered with doing gdp r for my firm!

Be interesting when the GDPR claims start flying ...