I buy mine direct. Four weeks out, I got this email:
…and then this one on the day it expired:
Worked well for me — I did have a reminder in my calendar as a failsafe, but quite happy with that concise messaging.
I think the wording of these strikes the right balance and would be covered by the 'legitimate interest' 'lawful basis' for processing.
It is worth noting that direct marketing is specifically listed as a
potential legitimate interest.
I think most people who have railcards would agree that a reminder email about their railcard expiry would be a good use of their data processing. Tagging on a sentence about renewing it is hardly a serious misuse of their data.
In fact I would suggest the ORR would be pretty unhappy about not reminding people that their railcards are expiring, and would agree that adding a renewal link and two sentences stating the railcard can be renewed online in advance, is not really disobeying a customer's request to not receive marketing.
There are other examples of this for what it's worth, e.g. here's Royal Mail (with whom I opt out of marketing comms):
Your Redirection ends soon |
Dear XXX,
We wanted you to know that your Redirection service ends on XX/YY/ZZZZ.
When this service ends, any mail addressed to you at your old home will not be redirected to your new home.
Should you wish to renew your Redirection service, you can do so online. You’ll need the information below when you log in via royalmail.com/renewal.
We need at least 5 working days' notice to arrange your renewal to ensure there is not a break in service to your Redirection.
If you have renewed your Redirection during the last few days, please ignore this email.
Your online reference number: XXXXXXXXX
Your online renewal code: XXXX
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Now I'm not suggesting Royal Mail never get anything wrong, but I think if the ICO were concerned about tagging a renewal option link onto the end of a reminder that an important service ends soon is an issue, they would've had words with Royal Mail, Railcards, etc.
If a subscription is set to auto-renew, you pretty much have to provide reminders about renewals under DMCC 2024 (the relevant provisions of which come into force in spring 2026). Nothing in these updated regs prohibit adding some marketing, so long as the other conditions are met and the reason for contact is about renewal/expiry. The consequences have to be explained in simple terms, so it can't just be a single line of reminder text in a body of 8 paragraphs of marketing. If Railcards were a subscription model, I'd think the wording of the above emails would comply with the new rules.