“There are no massive surprises,” says Mitchison. Just when I thought January was feeling dull, I got my hands on the ICO’s much-anticipated draft Direct Marketing Code of Practice! %%EOF Philippa Donn. Share on facebook. 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 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. 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. ICO Direct Marketing Code ‘draft’: 12 Highlights. 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. 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'). All text content is available under the Open Government Licence v3.0, except where otherwise stated. 0 Summarised below are the key takeaways from the Draft Code: Read More 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. To a significant extent, the draft code replicates the current guidance, which was updated in 2018 to reference the General Data Protection Regulation (GDPR). This would give it power in UK courts. 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. You can view a summary document of the responses and see copies of the responses from organisations on our website. Any method of communication which is directed to particular individuals could constitute direct marketing. This just brings all the guidance into one place.” This is an area that the DMA will address in our response to the consultation. This replaces the Regulator’s existing Direct Marketing Guidance and … h�bbd``b`{$�DA��`��� � D|, [�D�V@B� �m �P�M�@��)�p���eA�100�K��� � �. Share on linkedin. In a blog article the ICO mentions that its direct marketing guidance may be put on statutory footing. 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. 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. 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 … The draft code covers the legislation as it currently stands – which for e-privacy means the Privacy and Electronic Communications Regulations 2003 (PECR). 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. A draft of the code is now out for public consultation. “The ICO could have rewritten the rules for marketing, but it hasn’t. Back to Articles. On 8th January 2020 the Information Commissioner’s Office (ICO) launched a consultation on their draft direct marketing code of practice. 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 dawn of 2020 saw a number of developments on the data protection front, not least a new draft Direct Marketing Code from the ICO. The Information Commissioner is producing a direct marketing code of practice, as required by the Data Protection Act 2018. The Information Commissioner is producing a direct marketing code of practice, as required by the Data Protection Act 2018. 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. For instance the Code cites the example of a charity explaining to supporters that it is carrying out profiling. 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. 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 email. As required by the Data Protection Act 2018, this new code will supersede the ICO’s existing Direct Marketing Guidance. 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. 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. The use of third party data is greatly affected by the guidance. 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. 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. 7702 0 obj <>stream 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. Share on twitter. The marketing strategy for ICOs has been changing ever since the term was coined. A draft of the code is now out for public consultation. 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. The ICO states that it intends the New Code to apply to all processing of data for “direct marketing purposes”. As a result, earlier this year the ICO published its draft Direct Marketing Code which is out for consultation until 4 March 2020. If you would like further information on the consultation, please email the Direct Marketing Code team. Any method of communication which is directed to particular individuals could constitute direct marketing. This includes all processing activities that lead up to, enable or support the sending of direct marketing by an organisation or a third party. You can download the consultation document below and email your response to directmarketingcode@ico.org.uk. 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 … Andy White, ICO Director of Investigations said: ”These were marketing messages which promoted the company’s products and services. Mark Gracey January 8, 2020 News; code of practice; Share This Post. The Direct Marketing Association (DMA) publishes the Direct Marketing Code of Practice, setting standards of ethical conduct and best practice in direct marketing. 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. The draft is out for consultation until 4 March and the finalised version is expected later this year. 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. %PDF-1.6 %���� It draws on the feedback from the call for views undertaken last year. Where appropriate the content of the draft code will be changed, clarified or expanded. Not yet implemented or planned Includes consent and bought-in marketing lists, and telephone, email, text and postal marketing. The Baroness Neville-Rolfe mentioned that the Government was considering this move at the Data Protection 2016. 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”). See ICO's draft Direct Marketing Code of Practice. As a statutory code, once finalised, it will need to be presented to government for review and sign off. The draft code takes a life-cycle approach to direct marketing. If the intention of the processing is direct marketing, it … The public consultation on the draft code will remain open until 4 March 2020. There is a notable focus on 21st century marketing/profiling and enrichment practices, including via 7668 0 obj <> endobj And bought-in marketing lists, and telephone, email, text and postal marketing and will... 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