Direct marketing has been a focus of the UK data protection regulator, the Information Commissioner’s Office (ICO), for the last several years. On January 8, 2020, the Information Commissioner’s Office (“ICO”) launched a consultation on its draft direct marketing code of practice (the “Draft Code”), as required by section 122 of the Data Protection Act 2018 (“DPA 18”). The Information Commissioner is producing a direct marketing code of practice, as required by the Data Protection Act 2018. A draft of the code is now out for public consultation. The Draft Code is … Direct marketing is recognised as a legitimate interest in the GDPR. ICO consults on draft direct marketing code of practice. The ICO outlines reasonably stringent requirements in relation to how organisations explain to individuals that their personal data is being processed for direct marketing purposes. Summarised below are the key takeaways from the Draft Code: Read More  Direct marketing includes the promotion of aims and ideals as well as advertising goods or services. As required by the Data Protection Act 2018, this new code will supersede the ICO’s existing Direct Marketing Guidance. Any method of communication which is directed to particular individuals could constitute direct marketing. To a significant extent, the draft code replicates the current guidance, which was updated in 2018 to reference the General Data Protection Regulation (GDPR). A draft of the code is now out for public consultation. Alternatively, you can print the consultation document and post to: Direct Marketing Code Consultation TeamInformation Commissioner’s OfficeWycliffe HouseWater LaneWilmslowCheshire SK9 5AF. The draft code takes a life-cycle approach to direct marketing. It is a critical document for the data and marketing industry because its elevated status as a code of practice, as opposed to guidance, will give it … The Baroness Neville-Rolfe mentioned that the Government was considering this move at the Data Protection 2016. Any method of communication which is directed to particular individuals could constitute direct marketing. Brand owners, charities, public authorities, data firms, tech giants and anyone else who uses data-driven marketing techniques – in other words, nearly all organisations in the land – are being urged to give their views on the draft Direct Marketing Code of Practice, which has been over a year in the making. 7702 0 obj <>stream Accordingly, like the existing ICO Direct Marketing Guidance, which it will supersede, the proposed code sets out the law and provides examples and good practice recommendations. The ICO’s Direct Marketing Code: an update With the introduction of the General Data Protection Regulation (“ GDPR ”) many marketing teams have been left in a state of confusion as to what is and is not allowed with regards to direct marketing under data protection law. This sought input from relevant stakeholders including trade associations, data subjects and those representing the interests of data subjects, to inform our work in developing the code. The dawn of 2020 saw a number of developments on the data protection front, not least the release of the new Draft Code by the Information Commissioner's Office ('ICO'). The ICO is required under the Data Protection Act 2018 to publish a statutory code of practice on direct marketing, so this is the ICO delivering on that requirement. Direct marketing for these purposes includes promotional messages that are sent directly to an individual recipient electronically (email or text), by post or communicated by phone. A draft of the code is now out for public consultation. The Information Commissioner’s Office (ICO) remains focused on enforcement relating to unsolicited marketing communications in contravention of the Privacy and Electronic Communications Regulations (PECR), particularly nuisance calls, emails and text messages. To a significant extent, the draft code replicates the current guidance, which was updated in 2018 to reference the General Data Protection Regulation (GDPR). The ICO has published its long-awaited draft of the direct marketing code of practice and invited comments from professionals across the industry. This would give it power in UK courts. %%EOF ICO consultation on a package of support for the providers of online services. The Information Commissioner is producing a direct marketing code of practice, as required by the Data Protection Act 2018. Importantly, the code of practice makes it explicit that “direct marketing” is considered extremely broadly by the ICO and includes all processing activities that lead up … In a blog article the ICO mentions that its direct marketing guidance may be put on statutory footing. Share on linkedin. However the ICO found the messages contained direct marketing and that the company sent them deliberately, although acknowledges that EE Limited did not deliberately set out to breach electronic marketing laws. The ICO published its new direct marketing guidance on Thursday 24 March. The draft is out for consultation until 4 March and the finalised version is expected later this year. “The ICO could have rewritten the rules for marketing, but it hasn’t. Direct marketing purposes include all processing activities that lead up to, enable or support the sending of direct marketing. The draft code covers the legislation as it currently stands – which for e-privacy means the Privacy and Electronic Communications Regulations 2003 (PECR). Whilst these will not form part of the code itself, we also intend to produce additional practical tools (such as checklists) to go alongside the code to help support your direct marketing activities. ������� �@Ȏ��+��\�ֶt�����i JN�N���#b?���R9Qx�T�Qq���gS�Gb�{~��g�����;��t�ZSBfT��8����M ��Г�g�Wȑ����S*qn\:/��z��x9Z������+��x/�Ei+M՜�ؿ������ֶ�sn�w%�����~;*nȍ�.��n]r�l��6v �[���~��+>Q��i�x���\^�|U{�g���k�����Lu��8���+f�F�j݄J����� ���dE�����Ϝ=+��k�^�X�m�s�M���R�� �7�ۖ4��>ݤ����;3|uF#��:����Y*;�g�'-�hܑ��T�zz���E��4n)]4*Gt�>. It is a draft of the statutory direct marketing code of practice which the Information Commissioner is required to publish under the Data Protection Act 2018. 0 The aim is to provide practical guidance and promote good practice in respect of processing for direct marketing purposes in compliance with data protection and e-privacy rules. “Direct marketing includes the promotion of aims and ideals as well as advertising goods or services. The UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals. Share on facebook. As a statutory code, once finalised, it will need to be presented to government for review and sign off. As a result, earlier this year the ICO published its draft Direct Marketing Code which is out for consultation until 4 March 2020. Andy White, ICO Director of Investigations said: ”These were marketing messages which promoted the company’s products and services. 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