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 Bill now moves into report stage before being introduced in the House of Lords. If it becomes law in its current state the ICO’s power to rewrite direct marketing practice is likely to be adopted by the Government.
The chance to influence the content of the Bill during Committee stage has now past, but with the ICO being directed by Parliament to consult representative bodies, including those of the digital marketing sector, there will be a chance to influence the outcome.
The Digital Economy Bill is likely to become statute before the EU’s General Data Protection Regulation (GDPR) comes into effect in May 2018. GDPR will apply to the UK until Brexit has been completed, and it is generally believed that it will be adopted post-Brexit, or the law on data and privacy law be very similar to it in order to leave European consumer markets open to UK business.
Dene Walsh, operations and compliance director at Verso Group, said: "The ICO will be given a very broad remit to produce new rules that could fundamentally change what all marketers are allowed to do. Parliament is in no mood to be tolerant of communications that is considered a nuisance by the public.
"However, ministers will make the final decision and they are aware of the needs of business, plus there will be opportunities for representative marketing groups to put their case or ideas to the ICO. With GDPR likely to be the template for most of what is decided there is no reason to assume a worst case result."
By Jonathan Davies, editor, Digital Marketing Magazine
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