A little bit more info on us
The Data & Marketing Commission (DMC) is the body which oversees and enforces the DMA Code. The Code is an ethical framework that sets the standards for the data and marketing industry.
We investigate and adjudicate on reported breaches of the Code by DMA members. All DMA members should adhere to the Code, demonstrating their commitment to build trust and drive effectiveness in marketing.
The DMC is an independent body, funded by the Data & Marketing Association (DMA) and the Advertising Standards Board of Finance (ASBOF), with responsibility for the oversight and enforcement of the DMA Code and its ethical principles. We do this through investigating complaints made by individuals and businesses about the data & marketing activities of DMA members. We are able to consider emerging issues arising from developments and complaints to contribute advice and support to the DMA to strive for higher professional standards.
The DMC also acts as an expert panel to provide advice to the CAP Executive, the ASA Executive and the ASA Council in cases where “legitimate interests” has been put forward as a basis for processing personal data for the purpose of producing and/or distributing a marketing communication, and related matters. The DMC operates under a publicly available memorandum of understanding with CAP. See www.asa.org.uk.
Anyone can complain to us free of charge and our adjudications on complaints are published on this website regularly here.
We aim to confirm receipt of all complaints within two working days and aim to achieve at least 65% satisfaction levels with the action taken by the DMC in relation to cases dealt with by formal or informal procedures. We will inform every complainant of the action taken and/or the outcome of investigations. We also aim to complete 80% of formal adjudications and complete all other cases that fall within the remit of the Code within 3 months of the first dialogue with a DMA member, and all complaints will be registered and progressed within seven working days.
We aim to have no cases reversed after action by the Independent Appeals Commissioner (IAC) and no successful legal challenges. For those considering a complaint about the standard of service provided by the DMC, an Independent Complaints Assessor (ICA) is also available. This covers the practical handling of a case – but not disagreements about its outcome. Before such a complaint can be made, the DMC must have had a reasonable opportunity to respond.
There is a separate service for appealing case rulings and sanctions.
We will make available key trend information on complaints as required. Please see our latest annual report here.
An industry overview
The Data & Marketing Industry
The marketing industry is important for the growth of the UK economy. It is also responsible for the processing of a significant volume of personal data.
The industry has always evolved to advances in technological developments. The scale and impact of developments in the modern digital era presents new opportunities as well as threats, both for the industry as well as the individuals whose data are being processed. It is also the case that individuals are increasingly aware of their rights and one of the impacts of this is pushing the economic imperative for good data handling practices higher up the agenda for everyone.
The Data & Marketing Association (DMA)
The DMA is the UK’s trade association for the data and marketing industry. Its vision is a data & marketing industry where every organisation takes a ‘customer-first’ approach. As the voice of the data & marketing industry, its responsibility is to prove the responsible and innovative use of data in marketing drives business growth. It sets the standards for the good of marketers, and most importantly, customers.
The DMA Code
The DMA Code is an ethical framework that sets the standards for the data & marketing industry to which all DMA members adhere, demonstrating a commitment to build trust and drive effectiveness in marketing. It provides members five clear principles that will guide them to achieve this, and against which their conduct will be measured.
The DMA Code Principles
Put your customer first - Value your customer, understand their needs and offer relevant products and services
Respect privacy Act in accordance with your customer’s expectations.
Be honest and fair Be honest, fair and transparent throughout your business.
Be diligent with data Treat your customer’s personal data with the utmost care and respect.
Take responsibility Act responsibly at all times and honour your accountability.
About direct marketing
Using direct marketing to buy goods quickly and easily, or as a source of information, is an everyday occurrence for millions of consumers, and it is to the credit of the data driven marketing industry that compliance with the DMA Code is exceptionally high. As the industry matures and expands the DMC will tailor its work in response to changes in the DMA Code.
The regulation of the data driven marketing sector is complex. It is covered by legislation and co/self regulation, and responsibility for its application is spread among a number of government departments, their agencies and co/self regulatory bodies. The Information Commissioner’s Office regulates data protection and other information rights legislation, ensuring compliance with laws like the Data Protection Act, the General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations 2003. You can access guidance on your data protection rights on the Information Commissioner's Office website here.
Our collective aim is to protect consumers and to ensure that the industry in its broadest sense trades fairly both internally and especially with consumers and customers.
The DPA (2018) says that direct marketing means "the communication (by whatever means) of advertising or marketing material which is directed to particular individuals".
To count as direct marketing, a communication must be 'directed' to particular people, e.g., personally addressed post, emails to a particular account or calls to a particular number.
The Key Principles for direct marketing include:
* Lawful Basis - businesses must have a lawful basis (like consent or legitimate interest) to process personal information for marketing.
* Consent - for electronic marketing, such as emails and texts, consent is generally required.
* Right to object - individuals have an absolute right to object to direct marketing at any time.
* Service messages v marketing messages - routine customer service or administration messages do not count as direct marketing.
Direct marketing covers any method of communication including:
Emails
Text messages (SMS)
Phone calls
Post
Online behavioural advertising
Social media marketing