Share on email. endstream endobj startxref 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'). Philippa Donn. On 8 January 2020 the ICO published its draft Direct Marketing Code of Practice for public consultation, which is open until 4 March 2020.. What is the draft code and its status? “There are no massive surprises,” says Mitchison. 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. The Direct Marketing Association (DMA) publishes the Direct Marketing Code of Practice, setting standards of ethical conduct and best practice in direct marketing. The draft code of practice aims to provide practical guidance and promote good practice in regard to processing for direct marketing purposes in compliance with data protection and e-privacy rules. You can download the consultation document below and email your response to directmarketingcode@ico.org.uk. Any method of communication which is directed to particular individuals could constitute direct marketing. 7668 0 obj <> endobj The draft code takes a life-cycle approach to direct marketing. ICO Direct Marketing Code ‘draft’: 12 Highlights. h�bbd``b`{$�DA��`��� � D|, [�D�V@B� �m �P�M�@��)�p���eA�100�K��� � �. See ICO's draft Direct Marketing Code of Practice. Back to Articles. There is a notable focus on 21st century marketing/profiling and enrichment practices, including via 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 published its new direct marketing guidance on Thursday 24 March. Direct marketing has been a focus of the UK data protection regulator, the Information Commissioner’s Office (ICO), for the last several years. A draft of the code is now out for public consultation. The use of third party data is greatly affected by the guidance. 7688 0 obj <>/Filter/FlateDecode/ID[<1E315F63C991B945B7050C1A99D45B2C>]/Index[7668 35]/Info 7667 0 R/Length 94/Prev 823053/Root 7669 0 R/Size 7703/Type/XRef/W[1 2 1]>>stream A draft of the code is now out for public consultation. To a significant extent, the draft code replicates the current guidance, which was updated in 2018 to reference the General Data Protection Regulation (GDPR). 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. While there are still areas that require work or clarification, the direct marketing industry has broadly welcomed the code. Alternatively, you can print the consultation document and post to: Direct Marketing Code Consultation TeamInformation Commissioner’s OfficeWycliffe HouseWater LaneWilmslowCheshire SK9 5AF. ICO consultation on a package of support for the providers of online services. Elsewhere on special category data, ICO unsurprisingly note that it will be difficult for marketers to use biometric facial recognition technology to display direct marketing to specific individuals given the challenges of complying with the lawfulness, fairness and transparency principles in GDPR. The Draft Code is intended to update existing guidance published pre-GDPR and provide clarity on certain important issues. 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 … 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. %PDF-1.6 %���� Any method of communication which is directed to particular individuals could constitute direct marketing. The Draft Code is … %%EOF The draft code covers the legislation as it currently stands – which for e-privacy means the Privacy and Electronic Communications Regulations 2003 (PECR). The ICO say that for an individual's personal data to be shared with a third party then that third party must be specifically named. The marketing strategy for ICOs has been changing ever since the term was coined. 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. This is an area that the DMA will address in our response to the consultation. 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. Direct marketing is defined in section 122 (5) of the Data Protection Act 2018 as: “the communication (by whatever means) of advertising or marketing material which is directed to particular individuals”. If you would like further information on the consultation, please email the Direct Marketing Code team. Direct marketing purposes include all processing activities that lead up to, enable or support the sending of direct marketing. On 8 January 2020 the UK Information Commissioner’s Office (ICO) issued a consultation on a draft direct marketing code of practice which is intended to “provide practical guidance” to help organisations comply with data protection and e-privacy rules – particularly those set out in the General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations … This just brings all the guidance into one place.” 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 linkedin. 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. For instance the Code cites the example of a charity explaining to supporters that it is carrying out profiling. 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. On 8 January 2020, the Information Commissioner’s Office (ICO) published a draft Code on direct marketing and launched a public consultation seeking views on the draft. E 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. The draft is out for consultation until 4 March and the finalised version is expected later this year. When sending direct marketing to new customers on the basis of consent collected by a third party, the ICO recommends that you do not rely on consent that was given more than six months ago. Summarised below are the key takeaways from the Draft Code: Read More The ICO has published its long-awaited draft of the direct marketing code of practice and invited comments from professionals across the industry. Step 1 of 1: Direct marketing 1.1 Direct marketing governance Your business has defined and allocated responsibility for compliance with data protection legislation and PECR when carrying out direct marketing activities or roles. The Information Commissioner is producing a direct marketing code of practice, as required by the Data Protection Act 2018. 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. In a blog article the ICO mentions that its direct marketing guidance may be put on statutory footing. h��TmLSW>��ڂ�z[�D'�B&8���̲��f�Xb����i3e����Jhve+�6��@)P�2)H�b��?t&�A���f��7��Bb����e���&����}�s��$� RP� This includes all processing activities that lead up to, enable or support the sending of direct marketing by an organisation or a third party. If the intention of the processing is direct marketing, it … Where appropriate the content of the draft code will be changed, clarified or expanded. The public consultation on the draft code will remain open until 4 March 2020. The Information Commissioner is producing a direct marketing code of practice, as required by the Data Protection Act 2018. 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. In January the ICO published a draft of its direct marketing code of practice for consultation.This is a statutory code the UK Data Protection Act 2018 and as such the ICO will take it into account in its regulatory action, and it can also be used in court proceedings. Share on twitter. 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 ICO states that it intends the New Code to apply to all processing of data for “direct marketing purposes”. Direct marketing is recognised as a legitimate interest in the GDPR. ICO consults on draft direct marketing code of practice. This replaces the Regulator’s existing Direct Marketing Guidance and … Includes consent and bought-in marketing lists, and telephone, email, text and postal marketing. Andy White, ICO Director of Investigations said: ”These were marketing messages which promoted the company’s products and services. We are analysing the feedback received and this will inform the final version. ������� �@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�>. “Direct marketing includes the promotion of aims and ideals as well as advertising goods or services. On 8th January 2020 the Information Commissioner’s Office (ICO) launched a consultation on their draft direct marketing code of practice. Mark Gracey January 8, 2020 News; code of practice; Share This Post. 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.  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. The draft is out for consultation until 4 March and the finalised version is expected later this year. You can view a summary document of the responses and see copies of the responses from organisations on our website. All text content is available under the Open Government Licence v3.0, except where otherwise stated. It starts with a section looking at the definition of direct marketing to help you decide if the code applies to you, before moving on to cover areas such as planning your marketing, collecting data, delivering your marketing messages and individuals rights. The Information Commissioner is producing a direct marketing code of practice, as required by the Data Protection Act 2018. Reaction from the direct marketing industry. Before drafting the code, the Information Commissioner issued a call for views in December 2018. 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”). On 8 January 2020, the UK’s Information Commissioner’s Office (ICO) published a draft Direct Marketing Code of Practice (Draft Code) for public consultation. As required by the Data Protection Act 2018, this new code will supersede the ICO’s existing Direct Marketing Guidance. The Baroness Neville-Rolfe mentioned that the Government was considering this move at the Data Protection 2016. Not yet implemented or planned A draft of the code is now out for public consultation. 7702 0 obj <>stream As a result, earlier this year the ICO published its draft Direct Marketing Code which is out for consultation until 4 March 2020. The dawn of 2020 saw a number of developments on the data protection front, not least a new draft Direct Marketing Code from the ICO. Direct marketing purposes include all processing activities that lead up to, enable or support the sending of 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). “The ICO could have rewritten the rules for marketing, but it hasn’t. It draws on the feedback from the call for views undertaken last year. 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. 0 Direct marketing Assess your business in the area of direct marketing in line with the Privacy and Electronic Communications Regulation (PECR) and data protection legislation. As a statutory code, once finalised, it will need to be presented to government for review and sign off. The ICO recently published a draft code for consultation of their direct marketing code of practice, which provides some great insights into how the ICO believe GDPR and PECR should be applied with relation to Direct Marketing. This would give it power in UK courts. Just when I thought January was feeling dull, I got my hands on the ICO’s much-anticipated draft Direct Marketing Code of Practice! 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