News
E-mail marketing can be very very effective but we must always reflect the wishes of those to whom we market, and if they want to stop getting messages we should respect that wish. This is a core element of the DMA Code – subscribed to by many hundreds of UK businesses and we call on Groupon to do more to meet this expectation – and to join this community of responsible marketers.
The Direct Marketing Association (DMA) has expelled from its membership a marketing data list seller trading in the UK as Data Providers UK and B2B Data Lists Group (Data Providers UK), both trading names of Infomonitor Global LLC, a US corporation.
The sanction by the DMA Board follows the Direct Marketing Commission (DMC) upholding four complaints of breaches of the Direct Marketing Code of Practice (4th edition) (DM Code), the self-regulatory code of practice that DMA members must abide by.
See here for further details.
The DMC Annual Report shows the generally high levels of compliance with standards and laws reflected in the low level of complaints received during 2010/11 and the fact that most of those relating to DMA members were resolved informally through action by members and undertakings given over future compliance. The recurring issue in our case-work is reflected in the commentary in the Annual Report where we flag the problems that arise when inaccurate, out of date or ill-targeted data is used and when businesses do not respect people’s wishes to opt-out of some forms of marketing. We expect these issues of data management and privacy to be key in the coming year in both traditional and digital marketing. We believe the DMC is an example of where an industry is investing in setting and maintaining standards, building the trust and confidence that supports innovation and investment, and reduces the burden on the state to intervene.
Speaking following the February meeting of the Commission, George Kidd, Chief Commissioner, strongly welcomed the major DMA conference planned in March on data protection. He said:
“Direct marketing, by definition, relies on the data needed to target marketing and other messages – and also to respect the preferences of those who do not want to receive various forms of marketing. But data is not just an asset of value to businesses. It is the accumulation of information about individuals, businesses and other bodies. The sensitivity of much of the personal information stored is obvious, and this is as true of some information held by companies as it is of information held by Government.
With or without the law that covers this, and the strong new sanctions the ICO now has, it is clear that all involved have a duty to take proper care of the data they have, ensuring it is secure as well as accurate. The small number of complaints we have seen recently mostly relate to the accuracy of data and mechanisms for refreshing it and making revisions. But we have also been involved in cases where there has been a worry that information was being delivered in an unencrypted form in which it could have been read, used or sold on by anyone.
A recent case at the DMC involved a concern that unencrypted lists had been sent by e-mail. It is clear that the ease and economy with which huge volumes of data can be mailed in an instant or carried on a tiny key, smart-phone or notebook raises new challenges over how we protect this data. There is not a lot of point in elaborate on-site physical, electronic and staff security if a huge volume of highly sensitive data can fall out of pocket or get left in a train or cab or e-mailed to the wrong person or even a total stranger with a single click.
In the cases seen so far we have been satisfied that no harm has resulted, and we know the industry is alert to this risk. Alongside Code rules, compliance advice and guidance material, the DMA DataSeal scheme and events such as the March Data Conference exist to keep standards high and data secure. We warmly welcome the attention given to this by the direct marketing industry and the DMA. As the body responsible for dealing with public complaints over these and other direct marketing matters we too have data security as a top priority.”
Chief Commissioner George Kidd believes that transparency and accountability, two of the key Better Regulation principles, must be clearly reflected in the way the Commission works. In addition to early publication of minutes of Commission meetings the Commission has produced a series of key performance indicators which look at its aims and expectations in relation to customer responsiveness, customer satisfaction, case-handling and key complaints data. Future reports to industry, public and other stakeholders on the work of the Commission will include information on performance against these indicators.
Please click here for further information about our key perormance indicators and to view published minutes of DMC Board meetings.
Details on our adjudications can be found here.
George Kidd has been appointed Chief Commissioner of the direct marketing industry’s independent self-regulatory body, the Direct Marketing Commission.
Mr Kidd succeeds Matti Alderson, who stood down from the DMC’s chairmanship after serving a three-year term. Mr Kidd, whose appointment takes immediate effect, now heads up a team of five commissioners comprising independent members Michelle Peters and Martyn Percy, and industry representatives Danny Meadows-Klue and David Coupe.
Standing independent of the Direct Marketing Association (DMA), the DMC upholds the DMA’s Code of Practice. It investigates complaints of inappropriate and unethical direct marketing practice from members of the public, businesses and from the marketing industry itself. All disciplines of direct marketing practice – including direct mail, email, SMS, interactive television, mail order, telephone, catalogue and online – fall within the DMC’s remit.
Prior to his appointment, Mr Kidd served as an independent member of the DMC board for two years. For eight years, Mr Kidd was chief executive of PhonepayPlus, the Ofcom regulatory body for the £1 billion phone-pay content market. Mr Kidd is a member of the regulatory Council for Licensed Conveyancers. Previously, he served as a director in the Cabinet Office’s Economic & Domestic Secretariat with responsibility for regulatory policy and practices.
Commenting on his new role, Mr Kidd said:
“Direct marketing is now an everyday part of our lives, so I’m proud to lead the DMC and uphold the industry’s professional standards. The role of the DMC is vital in the industry’s efforts to secure the public’s confidence in the genuine value of direct marketing.”
Welcoming Mr Kidd, David Metcalfe, chair of the Direct Marketing Association, said:
“I congratulate George on his appointment as chief commissioner of the DMC. He brings to the job a wealth of experience maintaining industry self-regulation and knowledge of direct marketing. I’m confident that George will do an exceptional job in upholding the high professional standards that define the direct marketing industry. I would also like to thank Matti Alderson for her achievements in successfully remodelling the DMC during her tenure as chairman.”
14th July 2010
