London Tech week: Video shorts from four start-up founders and managers Leaders from four amazing start-up firms joined me on our London Tech Week panel, all at different stages of development, all with different challenges, but all with a great perspective on the challenges they have faced and indeed are facing today. We asked them: “What…
Charities that ignore the Fundraising Preference Service would still be in breach of the law – and liable for fines of up to £500,000 – despite the fact that it is not a statutory requirement, the UK Information Commissioner’s Office has confirmed.
Speaking at a recent conference in London, the ICO senior policy officer Richard Marbrow said the FPS would have legal status because the regulator would view consumer sign-ups as a withdrawal of consent to receive marketing communications.
Marbrow said some professionals had suggested charities would be able to ignore the service because it was non-statutory, but the ICO could pursue them for breaching the consent requirements of the Data Protection Act. DPA breaches carry a maximum fine of £500,000.
Although former Information Commissioner Christopher Graham initially criticised the FPS for being confusing, the regulator now wants the service to apply to all marketing communications, bringing it under the Privacy & Electronic Communications Regulations. Breaches of PECR carry a maximum fine of £250,000.
One study estimated that up to 30 million people could sign up to the FPS.
The move came as Graham’s successor Elizabeth Denham (pictured) took up the role from July 18. Ms Denham said: “I am delighted to have taken up this position and am excited about the challenges ahead. I look forward to working with staff and stakeholders to promote openness by public bodies and data privacy for individuals.”
Denham, who will serve a five-year term as Information Commissioner, has held senior positions in privacy regulation in Canada over the last 12 years. Since 2010, she has been the Commissioner at the Office of the Information & Privacy Commissioner for British Columbia, Canada.
UK-based marketers are being urged to be proactive in helping to shape new marketing law on direct, data and digital activity – included in the Digital Economy Bill – which, it is claimed, could have far greater influence on the UK sector than even the EU General Data Protection Regulation.
Parliament has already approved the first reading of the bill, a move which will lead to the Information Commissioner’s Office preparing a code of practice on direct marketing with a clear instruction that relevant parties from within the DM industry must be consulted.
In addition, Baroness Neville Rolfe, the Minister of State at the Department of Business Energy & Industrial Strategy, has called for contributions in shaping the future of regulation by declaring that she is “very much in listening mode”.
The minister has already stated there can be no way of knowing whether or not GDPR is likely to apply to the UK until trade negotiations with the EU begin, although many experts expect the UK to adopt GDPR or at least its own version of the legislation.
But given that the Government has not yet decided its timetable to establish its bargaining position, everything is still up in the air.
Verso Group operations and compliance director Dene Walsh said: “What is certain is that with the Digital Economy Bill being sponsored by government itself, is written into the Queen’s Speech, and is likely to come into law far more quickly than the conclusion of trade talks relating to data regulation, with the additional possibility of the Information Commissioner deciding new direct marketing rules before negotiators have finished their job.
“In the immediate and medium term the only thing certain is uncertainty, and it is this atmosphere that presents an ideal opportunity for all parties to review all regulation to take into account the interests of both business and members of the public.”
Walsh maintains that the review should include all elements of commercial communication and data relating to members of the public, including the Telephone Preference Service. He added: “After 20 years, the TPS is showing increasing signs that it is past its sell-by date. Half its files are dead and it has far more registrations than there are active telephone numbers in the UK. More important, it is not effective in stopping increasing public concern about ‘nuisance’ calls. A more effective system needs to be considered.”
Walsh maintains that now is the time for an open review to create regulation for the next decade that protects the public, and lays down unambiguous rules that allow companies to operate within clearly defined parameters. “Incorporating all regulation into the review, including that of the TPS, MOJ and ASA provides a unique opportunity to establish rules that do not overlap and contradict each other. Clashes of rules currently put companies in an unfair situation in which they have to decide which rules to break based on which regulatory authority is likely to hand out the least severe punishment,” Walsh added.
“This is a once in a lifetime opportunity to create joined up rules that are understood and work for everyone, including members of the public. The alternative is to go on as we are muddling through with multiple sets of rules that overlap leaving nobody satisfied and always with the possibility of future short-term change.”
Craig Hanna brings top tips for start-up businesses.
The adtech industry is not without its daily challenges, says Tim Sleath (pictured). However, some challenges present themselves as significantly more prominent, complex and influential than others. In particular, adtech industry fraud has remained a constant problem. A report by the Association of National Advertisers revealed that advertisers will lose $7.2bn in 2016; a jump from $6.3bn in 2015….
They’re not out making the tea or fast-forwarding through them, after all – TV ads are being seen. The vast majority of television viewers are watching the TV ads. That’s the surprise finding of a survey by UK-based technology start-up company Yospace in conjunction with Censuswide, providing insight into behaviour surrounding live television and the power of personalised advertising….
Research gauges industry views on the changing trademark landscape. Legal professionals and brand owners have put forward their views on the biggest issues facing the trademark industry and brand protection, with more than a third (34%) saying they would be open to new technology in their day-to-day work. Research carried out by Thomson CompuMark at an industry…
Take advantage of Google’s potential and make use of this essential acquisition tool – Google Adwords – to gain traffic and increase your presence in the American giant’s paid search results, advises Marc Schillaci, in order to benefit from the immediate results it brings.
When it comes to customer service, businesses need to prepare for the multi-channel demands of next generation consumers or get left behind. That’s the verdict following a survey that discovered just seven per cent of 16 to 24-year-olds will call a business – even in relation to a high value sales query. The research reveals that…
If you suspect your marketing is actually losing you money, Bryony Thomas says you should be assessing your business against the Thirteen Touchpoint Leaks.