Direct Marketing Commission - Enforcing Higher Industry Standards

Data & Marketing Commission | Enforcing Higher Industry Standards

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Vacancy – Independent Complaints Assessor 25th May, 2022

Independent Complaints Assessor

Location: Working from home/remote working.

Commitment: Ad hoc arrangement on a case-by-case basis

Daily rate: £400 plus reasonable expenses

Closing Date: end July 2022

The Data & Marketing Commission (DMC) is the body which oversees and enforces the Data & Marketing Association (DMA)’s Code.  The Code and DMC are there to give effective protection to recipients, users and practitioners of the data driven marketing sector. It aims to ensure companies observe the highest standards of integrity and trade fairly with their customers and with each other.  This is achieved by investigating complaints and identifying trends in data driven marketing that might raise issues for consumers and the sector.

The DMA are looking to appoint a new Independent Complaints Assessor (ICA).  The term would be for three years, renewable once.

Historically the DMC has adjudicated against complaints about DMA members only but it is now in the process of becoming an Independent Monitoring Body for the Information Commissioners’ Office following approval of an industry GDPR Code.

The DMC also has a further extended remit in support of the Advertising Standards Authority (ASA) with complaints by consumers in relation to data and in particular Legitimate Interest and related matters.

The IAC is appointed by the Board of the DMC following an open recruitment process and recommendation made by a panel chaired by a person independent of the DMC.

Duties

The Independent Complaints Assessor can consider complaints about the standard of service provided by the Data & Marketing Commission (DMC).  This covers the practical handling of a case – but not disagreements about its outcome.  There is a separate service for appealing case rulings and sanctions.

The ICA will be the final arbiter of complaints about the level of service provided once the DMC has had a reasonable chance to respond to a service complaint.  The ICA will prepare reports on the findings, tailored to the circumstances of the complaint and where appropriate make recommendations for redress.

Qualities

The ICA will have experience of investigatory case handling, perhaps in a legal environment, or in a dispute resolution, regulatory or public body.  Experience of ombudsman work and complaints handling is not essential but would be an advantage, and the ICA should have worked in an environment which prices itself on customer service excellence.

A full Job Description is available on request.  Applications to suzi.higman@dmcommission.com.

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Vacancy – Independent Appeals Commissioner 25th May, 2022

Independent Appeals Commissioner

Location: Working from home/remote working.

Commitment: Ad hoc arrangement on a case-by-case basis

Daily rate: £650 plus reasonable expenses

Closing Date: end July 2022

The Data & Marketing Commission (DMC) is the body which oversees and enforces the Data & Marketing Association (DMA)’s Code.  The Code and DMC are there to give effective protection to recipients, users and practitioners of the data driven marketing sector. It aims to ensure companies observe the highest standards of integrity and trade fairly with their customers and with each other.  This is achieved by investigating complaints and identifying trends in data driven marketing that might raise issues for consumers and the sector.

The DMA are looking to appoint a new Independent Appeals Commissioner (IAC) as the current incumbent’s term is due to expire.  The term would be for three years, renewable once.

Historically the DMC has adjudicated against complaints about DMA members only but it is now in the process of becoming an Independent Monitoring Body for the Information Commissioners’ Office following approval of an industry GDPR Code.

The DMC also has a further extended remit in support of the Advertising Standards Authority (ASA) with complaints by consumers in relation to data and in particular Legitimate Interest and related matters.

The IAC is appointed by the Board of the DMC following an open recruitment process and recommendation made by a panel chaired by a person independent of the DMC.

Duties

When the DMC concludes that a member is in breach of the DMA or GDPR Code, a member can appeal against the ruling, or any sanctions imposed.  The IAC will be expected to consider an appeal when lodged by a member company of the DMA or by a signatory organisation to the GDPR Code or by a complainant which has had complaints upheld by the DMC.  The IAC will be expected to set and follow operational procedures that are consistent with relevant provisions of the DMA and GDPR Codes.  The IAC will report after each appeal to the DMC on the work of the IAC and maintain a dialogue with the DMC to make them aware of any major issues.

Qualities and responsibilities

  • Strategic understanding
  • Judgement
  • Communication
  • Independence
  • Experience and knowledge
  • Social skills
  • Media literacy
  • Awareness of self-regulation

A full Job Description is available on request.  Applications to suzi.higman@dmcommission.com.

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Vacancy – Industry Comissioner 18th February, 2022

Location: London

Approximately 7-10 days pa.

Unremunerated with reasonable expenses.

Closing Date: end May 2022

The Data & Marketing Commission (DMC) is the body which oversees and enforces the Data & Marketing Association (DMA)’s Code.  The Code and DMC are there to give effective protection to recipients, users and practitioners of the data driven marketing sector. It aims to ensure companies observe the highest standards of integrity and trade fairly with their customers and with each other.  This is achieved by investigating complaints and identifying trends in data driven marketing that might raise issues for consumers and the sector. The DMA are looking to appoint a new Industry Commissioner as the current incumbent’s term is due to expire.  The term would be for three years, renewable once. 

Historically the DMC has adjudicated against complaints about DMA members only but it is now in the process of becoming an Industry Monitoring Body for the Information Commissioners’ Office following approval of an industry GDPR Code.

The DMC also has a further extended remit in support of the Advertising Standards Authority (ASA) with complaints by consumers in relation to data and in particular Legitimate Interest and related matters.  

The Industry Commissioner will need to have experience in a senior leadership role within the data driven marketing industry. They should be able to demonstrate objectivity whilst maintaining detailed knowledge of the data driven marketing industry and have a broad understanding of regulatory principles, process and practice, with specific knowledge of data driven marketing regulation, and the commercial environment of the data driven marketing industry.

Duties

The Industry Commissioner will be expected to attend a minimum of four meetings a year held at the DMA’s offices, attend adjudications, and review and process case and other paperwork relating to these meetings.

The Industry Commissioner will also be expected to represent the DMC at DMA meetings and other events and meetings as required.

Qualities

  • Sound judgement and analytical skills
  • Ability to digest and make good sense of complex cases
  • Ability to understand the legal context in which an adjudication is required
  • Ability to work and debate effectively
  • To adjudicate, acting objectively

A full Job Description is available on request.  

Applications to dm@dmcommission.com.

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Data privacy complaints about non-DMA Members rise in 2021 13th January, 2022

Data, privacy and quality continue to lead complaints received by the DMC,
with the number of complaints about non-DMA Members rising and DMA Members falling year-on-year

Issues around data management and privacy were the biggest concerns in 2020/21, according to the Data and Marketing Commission’s (DMC) latest Annual Report. In the year ranging from July 2020 to June 2021, the DMC reported a rise in complaints against businesses across the data and marketing sector – rising by 33% year-on-year (from 63 to 84).

However, the DMC investigated fewer complaints involving members of the Data and Marketing Association (DMA) during this period – falling by 30% when compared to the previous year’s total. Member complaints amounted to a fifth of the total number of complaints (19%). 75% of these were consumer complaints and 25% were about B2B issues.

The majority of complaints relate to data, privacy and quality (64%), with contractual (18%) and customer service (18%) problems making up the remainder.

“Since the introduction of the GDPR, we have seen complaints against DMA Members gradually lessen. A key reason for this is likely down to an increasing awareness by member organisations of their obligation to be transparent, to be clear, to be respectful – subsequently more customers now recognise that their data is valued and protected,” said Amerdeep Somal, Chief Commissioner of the DMC.

The largest proportion of complaints (81%), which involved organisations that are not members of the DMA, were referred by the DMC to other statutory or self-regulatory bodies. However, in some cases, particularly where they involved consumers unable to unsubscribe from unwanted communications, the DMC did reach out to the business to provide a reminder of its legal commitments and request that it unsubscribe the individual.

Somal continues: “Treating customers with empathy, authenticity and giving them a personal experience will impact customer sentiment in a positive way and will encourage the industry to use big data and other technology tools as a force for good. Ultimately, we all must strive to improve trust in the industry and build a better experience for the customer.”

The evolving role of the DMC and industry regulators

In the coming year, the DMC aims to become an ICO accredited Independent Monitoring Body with a clear remit to enforce a new GDPR Industry Code, through the registration of organisations who sign-up to the Code and the investigation of complaints.

A key challenge for regulators this year must be to boost industry knowledge surrounding grey areas of the GDPR – the industry must receive clarity around the use of legitimate interests for marketing. Regulators also continue to receive complaints from consumers post-GDPR about service emails, which should exist to provide key service updates. But there is still confusion about whether a service email is just a masked marketing email.

“As our industry evolves so, too, must the role of regulators like the ICO and DMC. We must bring education to the forefront and share learning from our investigations to improve industry practices. This will help create an environment where businesses and marketers are encouraged to learn and increase the flow and exchange of information,” concluded Somal.

Full details on the complaints, investigations and more thoughts from the DMC’s Commissioners are available in the full Annual Report, available here: https://www.dmcommission.com/wp-content/uploads/2021/12/DMC-Annual-Report-2020-21.pdf

– ENDS –

For further information contact the DMA Press Office:

James Davis, PR Manager

T: 020 7291 3375                                                         

E: james.davis@dma.org.uk                                           

About the Data & Marketing Commission

The Data & Marketing Commission (DMC) is the body which oversees and enforces the DMA Code.  The Code and DMC are here to give effective protection to recipients, users and practitioners of the data driven marketing sector. We aim to ensure companies observe the highest standards of integrity and trade fairly with their customers and with each other, and we do this by investigating complaints, and scrutinising data driven marketing issues and practices.

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.

https://www.dmcommission.com

About the Data & Marketing Association

The DMA is the UK trade association for the data and marketing industry led by customer-first principles and a Code of ethics. The DMA has over 1,000 member organisations across the UK and almost a century of experience pioneering approaches in industry. Through the IDM, it continues to drive for marketing excellence through development and learning opportunities. DMA Talent’s range of initiatives is inspiring the next generation into the data and marketing industry to help meet the needs of today and tomorrow.

The DMA offers access to industry-leading events, the latest insight, advocacy, legal support and guidance. It anticipates and campaigns for the needs of the data and marketing industry through its close relationship with government and regulators. From the classroom to the boardroom, the DMA is driving the force of intelligent marketing, moving the data and marketing industry forward – for the good of marketers, businesses and most importantly, customers.

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DMC supports ASA as advisory panel 30th May, 2019

George Kidd, Chief Commissioner:

We are pleased to confirm the DMC will be supporting the ASA in relation to complaints relating to data use and particularly any issues around the legitimate interest grounds that can be referenced under GDPR.  The DMC has years of experience in dealing with issues of data supply chains and the consents or other grounds that will give them the possibility of consulting the DMC as an advisory panel.  This strengthens the self-regulatory arrangements that complement the ICO by helping address consumer concerns quickly and ensure high compliance.

https://www.asa.org.uk/transparency/who-we-are-and-what-we-do.html

(Information on the partnership under Organisations with Whom We Work in Partnership)

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