The DMA has given its full backing to the revised Data Protection & Digital Information Bill, insisting it has secured major concessions for the data-driven marketing industry, especially around legitimate interest and charity activity.
The trade body’s CEO Chris Combemale chaired the Business Advisory Group which also included the Advertising Association, Which? and TechUK, and provided input to ministers on the Bill.
Combemale said the proposals will safeguard the key ethical principles of existing laws while clarifying areas of confusion and simplifying onerous administrative burdens on small businesses.
The DMA says one of the most significant reforms is the greater clarity offered on what constitutes the use of legitimate interest in marketing activity, a move that it claims will encourage more businesses to use it as a lawful basis for data processing where appropriate.
It believes many businesses did not have confidence they could rely on legitimate interest as the main legal basis for data collection for marketing – thereby reducing opportunities to attract new customers and to know their existing customers better.
Attracting and retaining customers and donors (through direct marketing) is now clearly identified as a legitimate interest, but customers retain an overriding right to object to marketing should they not wish to do business with a specific organisation.
For several years, the DMA community championed the need to establish legal certainty around legitimate interests as one of the six legal bases for processing in GDPR, so this reform is credit to its members for their support and input, the industry body insists, adding that the additional time allocated to the final consultation period was instrumental in helping to secure reforms for both the business community and consumers.
Combemale said: “Attracting and retaining customers and donors is a fundamental legitimate interest of businesses and charities, so we are delighted the Government has acknowledged this in the reforms to help drive innovation and growth.
“The DMA was well placed to advise on these developments over the past two years through our strong relations with UK businesses and Government. It was important to our community that we focused reforms on the needs of both businesses and their customers to ensure the right balance was achieved for all.”
The organisation maintains the proposals will reduce the amount of paperwork that organisations and their marketers need to complete to demonstrate compliance in several areas, especially beneficial to smaller organisations.
There are an expanded range of exemptions to consent for cookies, which will reduce consent banners, especially for ecommerce and charity websites, that do not take advertising.
This, the DMA claims, will improve the customer experience by reducing the number of consent banners while also slashing red tape for legitimate website functionality, which will benefit online users and the businesses trying to understand them better.
The organisation has also backed the extension of the soft opt-in for email to non-commercial organisations, which will enable charities to communicate with existing donors and volunteers.
While many issues that the DMA community highlighted during its consultation response have been addressed by the Government, the DMA hopes this will provide the foundations for other meaningful reforms integral to the data-driven creative industries.
Combemale added: “The DMA will continue working closely with Parliament and the Department for Science, Innovation & Technology as the Bill progresses, to continue to seek improvements such as clarity on the scope of industry codes of conduct as specified in UK GDPR. This is significant for creating an industry ethical and legal framework to build trust in the digital economy.”
Meanwhile, Advertising Association director of policy research Konrad Shek said his organisation broadly welcomed the introduction of the new version of the Bill and what has been achieved to date, with the added clarity to the use of legitimate interest, especially with regard to direct marketing; the inclusion of commercial research under research provisions; and reduction of overall paper requirements.
He continued: “We hope there will be further opportunities to amend the Bill particularly in areas linked to non-intrusive cookies, such as increased clarity and flexibility over audience measurement and for ad performance.
“We look forward to continue working with Government as a member of the Business Advisory Group on how this Bill can most effectively support the work of our industry, both in the UK and as a global hub for digital advertising and marketing services.”
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