ICO opens a consultation on a new direct marketing code of practice

The UK Information Commissioner’s Office (ICO) has issued a call for views on a new direct marketing code of practice. Under section 122 of the Data Protection Act 2018, the ICO has a statutory obligation to update or replace the existing code, which guides organisations on compliance with the Data Protection Act 1998 and the E-Privacy Regulations of 2003. In so doing, the ICO must consult stakeholders.

Amongst other questions, the call for views asks organisations:

• whether the new code should cover any areas which do not feature in the existing code
• what legislative changes, or other developments that are having an impact on the organisation’s direct marketing practices, the ICO should address in the new code
• whether the new code should feature specific case studies or marketing scenarios, and
• whether the new code should be published before the ePrivacy Regulation, which is being developed by the European Union, is promulgated.

This is an important opportunity to shape the future of direct marketing in the UK; the ability for organisations to propose case studies or marketing scenarios, in particular, represents a rare chance for organisations to seek regulatory comfort or clarification in areas that matter to them.

There is still time to submit responses to the call for views, which closes on 24 December 2018. Our Data Protection & Privacy group is preparing to consolidate responses on behalf of various clients. If you would like us to respond on your behalf or would like to discuss how the existing code could be developed, please contact us.