Flybe and Honda are fined £83,000 for breaking data rules

The EU's General Data Protection Regulation (GDPR) is coming into effect in May 2018 and businesses have to prepare for this new rigorous regulation. Because of this, companies are beginning to panic and the Information Commissioner's Office (ICO) will not tolerate misuse of people's personal information. These two examples of email reactivation campaigns attracting fines is a warning to all businesses since this is a tactic which is commonly used by marketers to re-engage inactive email subscribers using the techniques in our best practices guide to e-mail engagement. In August 2016, Flybe sent emails with the subject line, "Are your details correct?" to over 3.3 million people in their database, who had previously opted out of marketing emails. The ICO have now fined the airline £70,000 for breaking the Privacy and Electronic Communication Regulations (PECR) - read enforcement notice and fine details. In a…

Be alert to the danger of new government Digital Economy bill

Its hard to believe, but digital marketing may be at its most critical point to date. Day-to-day it continues selling services and products, and maintaining purchasing loyalty while many of those involved are unaware of why a government bill could change everything forever.

The act is nearing its final phase of Westminster consideration before Royal Assent is the Digital Economy Bill, and the element of danger in what is wide and far reaching legislation is a section that instructs the Information Commissioners Office to produce new direct marketing guidelines, which incorporates anything to do with consumer data relating to digital marketing.

This in itself may seem fairly innocuous until the background is considered. The ICO will be instructed to produce new recommendations for ministers to consider. But it knows and understands acutely that the…

Every B2B marketer's holy PECR is on the chopping block

So, you thought the Privacy and Electronics Communications Regulations, your precious PECR, was going to save you from the new ePrivacy rules. Unfortunately not. The PECR appears to be on the chopping block and there is only one way it is going: to fall in line with the new EU General Data Protection Regulations. "Oh!" I hear you cry. "But I didn't listen to the GDPR changes because I assumed it didn't apply to B2B marketers!" Well, I have good news and bad news for you. Let's start with the good news, shall we? You've got the rest of this year and until 25th May 2018 to make sure your marketing data does comply with the GDPR. There are 17 months between now and then, giving you plenty of time to make sure that anyone on your email mailing lists has given you…

Digital Economy Bill update: New Marketing Code Sanctioned By Commons Committee

The Committee stage of the Digital Economy Bill has passed with a change to the Data Protection Act 1998. The key consideration is that the Information Commissioners Office is being given powers to put forward rules for a new direct marketing code that will apply to relevant areas of digital marketing.

The significant element of the act will be the instruction to the ICO to prepare a code that includes practical guidance in accordance with the Data Protection and Privacy and Electronic Communications Acts, plus introduce any other appropriate measures necessary to promote good practice.

The act gives the ICO a broad remit to put forward new rules, but must take into account the views of trade associations, members of the public and bodies that represent members of the public.

The EU's GDPR law requires compliance by 2018. Even with Brexit predicted to occur in 2019 or after, it can't be ignored.

Last month, I woke up in the blissful world of B2B marketing. I could create campaigns, upload my purchased data lists, segment them as appropriate and set up my lead nurturing series to send. Then it happened. That thud that resounded throughout my perfect little marketing world and shattered that blissful bubble. The judges hammer as the EU General Data Protection Regulation was put into force. It has taken me a while to come to terms with what the EU GDPR means for my marketing. Below is an account from my marketing journal through this year, with the questions that kept me awake at night, and the answers I discovered along the way. I hope you find it useful! 29th April 2016 So, I've just heard about the EU GDPR. I…

The Privacy Shield is a great opportunity for brands to win back consumer trust

The estimated $250 billion occurring annually in trans-Atlantic digital trade spells growth and opportunity for media and technology companies on both sides. However, there’s a lot of red tape involved in the ownership and transmission of sensitive consumer data. With the European Court of Justice striking down the 15-year Safe Harbor agreement last fall, citing fundamental differences in the handling of private information and legality concerns, the U.S. and the European Union have established a new data privacy agreement. Privacy Shield is meant to ensure that sensitive data is secured to EU standards before being submitted to corporations based in the U.S, all of which must agree annually to the terms provided in the directive. From traditional media houses to live event companies, the industry’s responsibility to safeguard its customers’ data and privacy is now paired with legal obligation.

Better Data Management Will…

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, 2016, 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…

An update on the announcement of the new 'Privacy Shield' which means that transatlantic data transfers could be suspended

Importance: [rating=5] (For International marketers and customer data managers) Recommended source: EU Press release rejecting the Privacy Shield 31 May 2016 update: Just when it looked like the EU and US were starting to see eye to eye on privacy, or at least the need for a deal, things changed and suddenly the deal is looking less likely. Yesterday Giovanni Buttarelli, the European data protection supervisor, said in a press release that the new privacy shield is "not robust enough" and needed significant improvements. You can read his comments from his press release below: "I appreciate the efforts made to develop a solution to replace Safe Harbour but the Privacy Shield as it stands is not robust enough to withstand future legal scrutiny…

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