DMA forced to act in ICO advice row

DMA forced to act in ICO advice rowThe DMA has been forced to issue new guidance on what constitutes consent for direct marketing activity after being bombarded by companies concerned about advice issued by the data watchdog last year.
The move follows the publication of the Information Commissioner’s Office “Guidance on Direct Marketing” in September 2013, designed to help companies understand better and comply with existing data protection laws.
But rather than clear the waters, businesses have raised strong concerns about some of the wording around key areas, including consumer consent and data retention. One of the points implied that email marketers should receive “explicit consent” before embarking on campaigns or risk fines of up to £500,000. As a result, the DMA has been consulting with the ICO to help sort out the mess.
The new guidance follows six months of discussions between the two parties to clarify how the regulator defines one-to-one marketing and interprets rules relating to consumer consent in differing circumstances.
The DMA’s guidelines include explanations on how the ICO now interprets the rules regarding the time limits on consent, third-party consent and revalidating consent when there are changes within a business.
Commenting on the guidelines, the DMA’s director of external affairs Mike Lordan said: “Many companies have found the rules confusing, in spite of the ICO’s Guidance. Our guidelines are essential for any brand marketers to understand how the ICO interprets and enforces the laws governing how they collect and use consumer data for one-to-one marketing.
“Above all, it shows that being transparent and always putting the interests of the consumer first is the basis of building trust and encouraging them to share their information.”
The ICO will review its Guidance on Direct Marketing in the autumn and will decide then if it will make any revisions.
However, the regulator has already warned firms to prepare for even tougher laws, once the EU General Data Protection Regulation – currently making its way through Brussels – is eventually passed.
Earlier this month deputy Information Commissioner David Smith told business leaders to brace themselves for a future in which all of their direct marketing data is captured with explicit – opt-in – consent as opt-out data could soon be illegal.
The DMA’s guidelines can be downloaded by DMA members – and non-members – from its website www.dma.org.uk

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