Information Commissioner’s Office tagged posts

Unlocking the power of direct marketing under the new EU Regulation

EU data protection keyAt a meeting of the Justice and Home Affairs, part of the EU Council of Ministers that took place on 4-5 December 2014, the forthcoming EU General Data Protection Regulation took a further step to becoming adopted across all 28 EU Member States.

The meeting, attended by Chris Grayling, Lord Chancellor and Teresa May, Home Secretary and chaired by Andrea Orlando, Italian Minister of Justice and President of the Council marks a tipping point in the harmonization of data protection laws across all 28 EU Member States.

At that meeting, the EU Council of Ministers gained partial consensus on two important and inter-related points with respect to data security and protection that ...

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Marketers can’t continue to use prize promotions, competitions and incentives as a conditional opt-in strategy for direct marketing purposes

promoOne of the most engaging and powerful aspects of B2C and B2B customer marketing and communications is prize promotions, competitions, promotions and incentives.

And they are also some of the most difficult things to get right, requiring an understanding of a complex web of competition, data protection, and media laws and regulations as discussed in Essential Law for Marketers.

However, given the appetite of regulators to want to tighten data protection across a number of areas including sales and marketing practices, the use of prize promotions, competitions, promotions and incentives as a way of lead generation is the latest to fall victim of new controls.

As I discussed a ...

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UK marketers face ‘double legal whammy’ on direct marketing activities in 2014

Gagging-DMMany marketers are ill-prepared for the impact of a raft of new regulations that will severely curtail their direct marketing (DM) activities in 2014.

Recently, the UK’s Information Commissioner’s Office signalled changes that marketers must implement NOW within business to consumer (B2C) marketing in order to stay within the law and these include:

  • where consent is obtained from the customer to receive DM, separate opt-in consent must also be gathered in order to send DM messages on each and every other marketing channel;
  • a higher burden of proof of customer consent is now required to be shown by marketers, irrespective of whether the marketing channel is telephone, mo...
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