With GDPR on hold because of Brexit, new UK legislation is set to come into force

With the UK's Brexit vote, the adoption and implementation of the proposed European General Data Protection Regulation (GDPR) is now seeming less likely. In this briefing, I will cover the latest announcements and explain about new legislation that UK marketers will need to be aware of that will influence future rules governing the use of consumer data.

Parliament has now approved the first reading of the Digital Economy Bill that will instruct the Information Commissioner to prepare a code of practice on direct marketing with a clear instruction that relevant parties from within the direct marketing industry must be consulted.

In addition, Minister of State at the Department of Business Energy and Industrial Strategy, Baroness Neville Rolfe, has called for contributions in shaping the future of regulation by declaring…

EU data law hasn't gone away just because of the referendum result

The decision to leave the EU has created the impression that it means UK digital marketers have heard the last about the General Data Protection Regulation (GDPR), or EU data law, that comes into force in May, 2018. But it is nowhere near as straightforward as that. There is strong speculation that the law may still come into force domestically. Knowing whether to prepare is important because there is a considerable amount of time, money and effort needed by companies to prepare for it, and the Information Commissioners Office (ICO) has been given heavyweight powers and sanctions to enforce it should the data law come into effect.

UK will need Data Act if there is no GDPR

The ICO itself…

12 steps to becoming GDPR compliant

On the 25th of May, 2018, the GDPR became law. The multitude of provisions to protect users privacy are a bit of a legal minefield for marketers, who are always hungry to use customer data where ever possible so they can better target customers with propositions. Given its importance, we have shared much advice from legal specialists on the Implications of the GDPR for marketing in UK and Europe. In this post we're alerting you to the opinion that matters most in the UK - that of the Information Commissioner's Office who is responsible for implementing GDPR in the UK. In this new guidance of implementing the GDPR in the UK the ICO provides more information to help companies become GDPR compliant over the next few months, so make sure to utilise the resources they produce to help your business. The good news is lawmakers have given businesses a full…

A 3 layer compliance model you can use to check that you're ready for the GDPR Countdown

When it comes to European data protection, things are changing faster than ever! The countdown has officially started for the GDPR (General Data Protection Regulation), with this coming into force on 25 May 2018. This will bring in greater protection for consumers, giving them more control over how their personal information is collected, stored, shared and used. In the UK, the ICO will be stronger in their enforcement of the GDPR, meaning marketers will need to ensure they comply with the laws before the deadline date. What many companies fail to realise is that collecting consumer information for email marketing campaigns in particular is valuable, however it’s easy for this information to be neglected. One area where companies can, and are, abusing the value of data is within their deployment of privacy information…

10 steps that all marketers need to take to act on The GDPR

Four years ago, The European Commission proposed a radical shake-up to the arcane data protection and privacy laws that were failing to protect the interests, rights and freedoms of millions of consumers in the EU that were facing an unprecedented threat in the misuse and misappropriation of their personal data. With the explosion in use of the web, the Internet of Things, Cloud and mobile computing and all things digital, the EU was one of the most attractive places to do business as it’s the world’s biggest Digital Single Market. But it was also quickly becoming one of the most unsafe places in the world to share personal data as 'cowboy marketers' looked to make a fast buck and millions of customers were getting spammed with unsolicited emails and offers…

Digital marketers could face a double whammy on top of the finally agreed EU data law.

A parliamentary Select Committee has announced it wants the Government to introduce much stricter data laws that go beyond the recently announced EU law - General Data Protection Regulation (GDPR).

In its fourth report subtitled 'The Big Data Dilemma' (PDF download, no registration), which has just been announced (10th February), the Science and Technology committee wants the UK Government to go further than the forthcoming EU data, which will itself dramatically increase the ability of the ICO to impose larger fines for data breaches.

Downloading the 52 page report explains a lot more than the MPs thoughts on how regulations should change. It also gives a lot of detail on context and the opportunities for Big Data from a commercial perspective. This makes it essential reading for any one responsible…

The opportunities of the GDPR for Digital Marketers, and a preview of the legislation itself (PDF download)

What lies at the heart of the General Data Protection Regulation (GDPR), or EU data law, is that the current level of consumer opt-in consent used in nearly all consumer contact will not be sufficient under the new regulations. It will render data unusable, or there is the prospect of proposed fines running to tens of millions of Euros. Also, the consent terms used when seeking consumers’ permission for the collection and use of their information will have to be far more clearly defined. This article reviews the implications for marketers of the GDPR concluded on 15th December 2015 with the final agreement defined at the Data protection Trilogue negotiations which took place between the European Commission, European Parliament and Council of Ministers.

Key components of the GDPR

GDPR covers areas such as personal…

Latest communications from the EU parliament suggest more leniency for marketers than expected

  Importance: [rating=3] (For Marketers storing customer data) Recommended source: DMA- EU DPR agreed The authorities in Brussels responsible for the new EU data law have undertaken a U turn on the proposed restrictive data law. The latest official communiqué on dialogue between the EU Parliament, Council and Commission, the bodies responsible for the forthcoming new law, indicates that the current UK marketing data regulation will be the template for what is to come. The previous official report of progress on talks indicated marketers would face draconian type rules that would prohibit use of tracking data, and no profiling or segmentation without explicit consent. Now any data that cannot directly identify an individual is considered to be within the boundaries of use. However, in terms of profiling there will be the right of…

EU data law will be much stricter while the ICO is to hold brand owners directly responsible for agency behavior

The latest reports on negotiations of the forthcoming EU data law strongly indicates bigger challenges lie ahead than was previously thought in becoming compliant, plus there is likely to be a loss of key practices. It includes the fact that there will be greater tightening of consumer opt-in consent levels, and restrictions on web analytics and profiling.

ICO will target brands and hold them to account

However, there is an added incentive for agencies to get compliance preparation right. The Information Commissioners Office (ICO), which enforces data regulation, has now stated that it will target brands as well as third parties if third parties have been responsible for breaching rules. This means any irregularities that occur within agencies while utilising client data will be…

Weighing up the cost implications of the GDPR

The new EU data law, or General Protection Data Regulation (GDPR), will collectively cost marketing data users billions in becoming technically compliant. A recent survey by Vanson Bourne reveals that nearly 70 per cent of companies will invest in new IT or support services, and 51 per cent have allocated budget for staff training in preparation for the new law. Every brand and agency faces its own unique compliance challenge, but broadly the to do list is the same in terms of the tasks to be completed. What is certain is that most have not calculated the cost. A report for the Information Commissioners Office (ICO) reveals that 87 per cent of companies are unable to calculate the amount compliance preparation will cost, and 82 per cent of the…