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Any method of communication which is directed to particular individuals could constitute direct marketing. The ICO states that it intends the New Code to apply to all processing of data for “direct marketing purposes”. As required by the Data Protection Act 2018, this new code will supersede the ICO’s existing Direct Marketing Guidance. This includes all processing activities that lead up to, enable or support the sending of direct marketing by an organisation or a third party. 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. A draft of the code is now out for public consultation. 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. h�bbd``b`{$�DA��`��� � D|, [�D�V@B� �m �P�M�@��)�p���eA�100�K��� � �. “The ICO could have rewritten the rules for marketing, but it hasn’t. The draft code takes a life-cycle approach to direct marketing. Before drafting the code, the Information Commissioner issued a call for views in December 2018. Reaction from the direct marketing industry. Share on linkedin. If the intention of the processing is direct marketing, it … 7668 0 obj <> endobj 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 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 Information Commissioner is producing a direct marketing code of practice, as required by the Data Protection Act 2018. 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. As a statutory code, once finalised, it will need to be presented to government for review and sign off. In a blog article the ICO mentions that its direct marketing guidance may be put on statutory footing. Back to Articles. %%EOF As a result, earlier this year the ICO published its draft Direct Marketing Code which is out for consultation until 4 March 2020. This is an area that the DMA will address in our response to the consultation. ICO consults on draft direct marketing code of practice. Alternatively, you can print the consultation document and post to: Direct Marketing Code Consultation TeamInformation Commissioner’s OfficeWycliffe HouseWater LaneWilmslowCheshire SK9 5AF. endstream endobj startxref The Information Commissioner is producing a direct marketing code of practice, as required by the Data Protection Act 2018. Mark Gracey January 8, 2020 News; code of practice; Share This Post. 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. 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 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. Philippa Donn. 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. “Direct marketing includes the promotion of aims and ideals as well as advertising goods or services. 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. 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 draft code covers the legislation as it currently stands – which for e-privacy means the Privacy and Electronic Communications Regulations 2003 (PECR). You can download the consultation document below and email your response to directmarketingcode@ico.org.uk. Direct marketing purposes include all processing activities that lead up to, enable or support the sending of 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. 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. The public consultation on the draft code will remain open until 4 March 2020. 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. On 8th January 2020 the Information Commissioner’s Office (ICO) launched a consultation on their draft direct marketing code of practice. 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 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. Direct marketing purposes include all processing activities that lead up to, enable or support the sending of direct marketing.” Any method of communication which is directed to particular individuals could constitute direct marketing. %PDF-1.6 %���� 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. “There are no massive surprises,” says Mitchison. The ICO has published its long-awaited draft of the direct marketing code of practice and invited comments from professionals across the industry. Share on twitter. 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 Draft Code is intended to update existing guidance published pre-GDPR and provide clarity on certain important issues. The Baroness Neville-Rolfe mentioned that the Government was considering this move at the Data Protection 2016. 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. The marketing strategy for ICOs has been changing ever since the term was coined. 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 … ICO Direct Marketing Code ‘draft’: 12 Highlights. Includes consent and bought-in marketing lists, and telephone, email, text and postal marketing. A draft of the code is now out for public consultation. Direct marketing has been a focus of the UK data protection regulator, the Information Commissioner’s Office (ICO), for the last several years. Andy White, ICO Director of Investigations said: ”These were marketing messages which promoted the company’s products and services. This would give it power in UK courts. The Draft Code is … Direct marketing is recognised as a legitimate interest in the GDPR. You can view a summary document of the responses and see copies of the responses from organisations on our website. Not yet implemented or planned To a significant extent, the draft code replicates the current guidance, which was updated in 2018 to reference the General Data Protection Regulation (GDPR). h��TmLSW>��ڂ�z[�D'�B&8���̲��f�Xb����i3e����Jhve+�6��@)P�2)H�b��?t&�A���f��7��Bb����e���&����}�s��$� RP� 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. 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 … See ICO's 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 draft is out for consultation until 4 March and the finalised version is expected later this year. If you would like further information on the consultation, please email the Direct Marketing Code team. The use of third party data is greatly affected by the guidance. Summarised below are the key takeaways from the Draft Code: Read More 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. 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. 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 draft is out for consultation until 4 March and the finalised version is expected later this year. We are analysing the feedback received and this will inform the final version. 0 E The Information Commissioner is producing a direct marketing code of practice, as required by the Data Protection Act 2018. 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”. 7702 0 obj <>stream 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 UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals. Where appropriate the content of the draft code will be changed, clarified or expanded. This replaces the Regulator’s existing Direct Marketing Guidance and … ������� �@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�>. Just when I thought January was feeling dull, I got my hands on the ICO’s much-anticipated draft Direct Marketing Code of Practice! 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 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. The Direct Marketing Association (DMA) publishes the Direct Marketing Code of Practice, setting standards of ethical conduct and best practice in direct marketing. Share on email. All text content is available under the Open Government Licence v3.0, except where otherwise stated. There is a notable focus on 21st century marketing/profiling and enrichment practices, including via ICO consultation on a package of support for the providers of online services. The ICO published its new direct marketing guidance on Thursday 24 March. It draws on the feedback from the call for views undertaken last year. For instance the Code cites the example of a charity explaining to supporters that it is carrying out profiling. 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”). While there are still areas that require work or clarification, the direct marketing industry has broadly welcomed the code. 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. A draft of the code is now out for public consultation. 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