ICO opens DM advice hub but no sign of new DM Code

The Information Commissioner’s Office has launched a new direct marketing hub, designed to help businesses navigate their way through planning, sending and following up on direct marketing campaigns.

The main detailed guidance pools together existing rules covering the lifecycle of a direct marketing campaign and offers guidance on what businesses must, should and could think about at each stage to ensure they respect people’s privacy and comply with the law.

Even so, the long-awaited statutory UK Direct Marketing Code of Practice has yet to see the light of day.

First drawn up by the ICO in November 2018, the Code is a requirement of the Data Protection Act 2018 which implemented GDPR into UK law. It was put out for its final consultation in January 2020 following submissions from the 65 organisations; it is believed this final session attracted even more suggestions and objections. At the time, industry body the DMA claimed the new code would set the industry back two decades.

However, it seems to have now sunk without trace, with the UK Government pledging to overhaul data protection laws once more.

Instead, the new hub includes resources to provide help depending on what kind of direct marketing a business is looking to do – for example, guidance on business-to-business marketing, the Privacy & Electronic Marketing Regulations (PECR), direct marketing in the public sector and using the services of data brokers.

There is also a FAQ section for small businesses to help answer queries, as well as quick glance guides that cover the rules businesses need to know.

The ICO website states: “Direct marketing is important. It’s an essential part of most organisations and it plays an important role in the economy. It can help you grow your business or further your aims, and it can benefit competition across markets.

“Direct marketing can add value to the customer experience. It can make people aware of new products and services that they may benefit from, give them opportunities to take part in events, or find out about important causes. When done responsibly direct marketing can also increase trust and confidence in your brand or organisation.

“However, direct marketing has the potential to cause nuisance to people, and in some cases it can cause them harm and distress – which is why it’s important that you know how to comply with the law.

“[The hub will provide] all the guidance and information you need to support and empower your direct marketing activities so that you can achieve the benefits from it.”