Following the recent crack-down from the Information Commissioner’s Office on affiliates regarding the use of personal data in marketing campaigns, it has never been more important to ensure that you know what legal standards you must adhere to. This session will provide the legal insight to ensure that your data use is not putting you at risk and that you’re protected for the future. Managing users data according to legal standards Terms around emailing and using data Key measures all affiliates must have in place

1. Data Protection Regulations:
Are you at risk?
ICO Enforcement
Natasha Longson, Enforcement Manager

2. Background

3. What does the Law say…

4. Regulation 22
• Relates to Individual Subscribers
• Relates to the Transmission and the Instigation of unsolicited communications
for Direct Marketing.
• Requires specific ‘opted in’ consent.

7. Things to Consider
Truth
• Affiliates will often use 3rd
Party Data
• Most affiliates won’t allow
access to their data lists
• Affiliates are responsible for
their data lists
Reality
• R22 states that organisations
require specific Opt In
• Operators have to screen
against self exclusion lists
under the GC’s Licence
conditions and codes of
practice (LCCP).
• Operators are responsible for
their Affiliates

8. Optical Express v ICO
Regulation 22
You can only send text where you have consent or where you
Have obtained the contact details of the recipient of that
Electronic mail during the course of the sale or negotiations for
the sale of a product or service to that recipient
Optical Express decision para 100
“It is therefore clear that in order to be able to rely on these
provisions the sender must have an existing relationship with
the recipient. In no other way can marketing texts be sent
without consent”

9. Changes in the Law
• Bigger implications for Organisations
• Directors Liability
• GDPR Consent will be ‘opted in’
• E –privacy Directive under review
• Updates from the ICO on our Website: www.ico.org.uk

10. @iconews
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