The Data & Marketing Association has recently published their latest version of the DMA Code which is an ethical framework that sets the standard for the data and marketing industry. The DMC has a role in overseeing key elements of the Code and this update contains changes to certain processes relating to the operation and investigation of complaints. It includes an update on the DMC Appeals process which will, in future, allow appeals from complainants as well as DMA members. In addition, there is more information about DMC processes in relation to matters that may be subject to legal action, as well as how and when adjudications are published. See here for more information on the Code at https://dma.org.uk/the-dma-code .

“ I firmly believe that ethical data processing practices are not only a legal requirement, but they are also increasingly a commercial imperative with individuals increasingly aware of, and willing to exercise, their rights. ” Comments by Chief Commissioner, Emma Martins, following publication of the latest Annual Report (for a shorter six month period 1st July to 31st December 2023).] Further details on complaints, investigations and Emma’s thoughts and thanks to former Chief Commissioner, Amerdeep Somal for “ leaving a wonderful legacy and a robust and collegiate Board of Commissioners who continue to serve the DMC with professionalism, independence and integrity ” are available in the Report here .

“ The marketing sector plays an important role in our economy. It also touches many of our lives as it is responsible for the handling of personal data of many millions of people. There is a legal and ethical imperative to encourage and support organisations to engage with both these imperatives in a proactive and constructive manner .” Comments by Chief Commissioner, Emma Martins, following publication of the latest Annual Report covering 2024. Further details on complaints, investigations and Emma’s thoughts are available in the Report here .

The DMC has published its latest Communications Strategy and Strategic Plan .  These documents set out how we plan to communicate with both industry and our community and defines our key messages, our communication objectives and how we plan to communicate our messages to our key audiences. Emma Martins, Chief Commissioner said “ I am delighted that we are now able to publish these two important documents that set out the key elements of our work and recognise the responsibilities that come with it. Being open and accountable about what we do and why we do it is extremely important for us. I, together with my fellow Commissioners, remain committed to working with the DMA and industry to support constructive and positive engagement around compliance, and recognise the role we play in building, developing, and maintaining those relationships.”

Now that the Data Use and Access Bill has been passed, the DMC plans, in 2026, to re-instate its application to become an independent Monitoring Body (IMB) accredited to the Information Commissioners Office .  If this plan proceeds, then the DMC’s remit will be to enforce the DMA’s GDPR Code of Conduct whilst also continuing to enforce the DMA Code .    Organisations will be given the opportunity to sign up to the GDPR Code following a rigorous compliance audit and once registered, any complaints in relation to the Code will be investigated by the DMC.  Organisations that are registered with the scheme will undergo regular monitoring to ensure continued compliance.   The DMC has been working hard to ensure we are fit for this purpose, to improve our policies and procedures and raise our awareness.  In our new guise, we will be entirely independent of the DMA and completely self-funding.

The DMC has today announced the launch of its updated website.  The site features new branding and a streamlined user experience to help consumers find out more about the DMC, what is within its remit and how complaints can be raised.  Examples of case studies and a resource of useful links as well as information about the DMC’s place within the data and marketing industry and the investigations process will help provide clarity to consumers and businesses who will want to know what to expect when making a complaint.  Emma Martins, the DMC’s Chief Commissioner said, “ We are delighted to launch the DMC’s newly re-designed website which we hope will be helpful to visitors to the site, providing them with an enhanced user-friendly experience alongside all the information they will need in order to understand their rights and, if necessary, to make a complaint.”

Nearly a decade ago, we reported that a timeshare reseller company called Hollywood Marketing had resigned its DMA membership following an incomplete adjudication process.   The conclusion of what became one of the largest crimes of its kind in the UK has recently been reported with fourteen people convicted and sentenced for their part in exploiting over 3,500 victims in a more than £28 million investment fraud. Read full details here: https://www.cps.gov.uk/cps/news/fourteen-people-face-justice-scamming-over-3500-victims-ps28-million-investment-fraud

Robert Bond and Gilbert Hill have been named as the two new Industry Commissioners of the Data & Marketing Commission (DMC) – the industry body that oversees and enforces the  DMA Code .  Led by the Chief Commissioner, Amerdeep Somal, the DMC investigates and adjudicates on reported breaches of the DMA Code by members of the Data & Marketing Association (DMA).  It is also 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 team of Commissioners work to ensure responsible marketing and ethical marketing practices are maintained. Amerdeep Somal stated “I am delighted to welcome Robert and Gilbert to the DMC and the wealth of experience each will bring to the organisation.  I would like to thank Fedelma Good and Charles Ping, our Industry Commissioners, who will shortly be leaving us, having served their terms.  The insight and wisdom they have brought to the DMC has been of immense importance and benefit.” DMC’s new Industry Commissioners   Robert Bond, a Solicitor & Notary Public and a Compliance & Ethics Professional who is due to start his tenure on 1 st September said: “I am honoured and delighted to be appointed as an Industry Commissioner. I will do my best to emulate the high standards set by Fedelma Good and Charles Ping.” Gilbert, a privacy technologist, speaker and entrepreneur, currently Chief Strategy Officer at Pool Data and commencing his tenure on 1 st December this year said: “In a time of unprecedented change and opportunity in our industry, the DMC is a highly respected arbiter of responsible marketing and I look forward to helping expand its influence and remit in the  role of Industry Commissioner.” For further information contact: Suzi Higman, DMC – suzi.higman@dmcommission.com

Location:  London Approximately 7-10 days p/a Salary:  £5,250 p/a plus reasonable expenses Closing Date: 1 st December 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 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 a Monitoring Body for the Information Commissioners’ Office following approval of an industry GDPR Code of Conduct. 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 Independent Commissioner will need to have experience in a senior strategic role within regulation or governance, and to have a broad understanding of regulatory principles, process and practice.  As a key player in the ongoing development of the new DMC as a Monitoring Body, the Independent Commissioner will need to show demonstrable experience of strategy development, strategic planning, risk and high-performance management, with the ability to scrutinise and monitor at a senior level. It would be desirable for the candidate to have experience in or have the ability to interrogate annual budgets and the ongoing financial management of the DMC. Duties The Independent 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 as well as assist in the ongoing development of the new DMC. The Independent 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 Able to scrutinise and monitor at a senior level Ability to understand the legal context in which an adjudication is required Ability to work and debate effectively To adjudicate, acting objectively For a full Job Description and how to apply please email dm@dmcommission.com .

Stephen Almond, Executive Director, Regulatory Risk, who leads the ICO’s team responsible for anticipating, understanding and shaping the impacts of emerging technology and innovation on people and society. “Last November we wrote to 53 of the UK’s top 100 websites, warning that they faced enforcement action if they did not make changes to advertising cookies to comply with data protection law. We’ve had an overwhelmingly positive response to our call to action. Of the 53 organisations we contacted, 38 organisations have changed their cookies banners to be compliant and four have committed to reach compliance within the next month. Several others are working to develop alternative solutions, including contextual advertising and subscription models. We will provide further clarity on how these models can be implemented in compliance with data protection law in the next month. We expect all websites using advertising cookies or similar technologies to give people a fair choice over whether they consent to the use of such technologies. Where organisations continue to ignore the law, they can expect to face the consequences. We will not stop with the top 100 websites. We are already preparing to write to the next 100 – and the 100 after that. To accelerate our efforts we are developing an AI solution to help identify websites using non-compliant cookie banners. We’ll run a ‘hackathon’ event early in 2024 to explore what this AI solution might look like in practice. Our advice to all organisations is to take action now to become compliant. We can already see the ripple effect of our intervention with many organisations making changes to cookie banners without receiving a letter from us. And as we’ll be steadily working our way through the list of websites offering services to UK users to give them all the same message, it makes sense to be compliant before the regulator comes knocking.”

The campaign for charities’ email soft opt-in: an update from the House of Lords On 16 December, the Lords Grand Committee debated an amendment proposed by the DMA on behalf of charities. The amendment, introduced by Lord Clement-Jones and supported by Baroness Dido Harding and Lord Guy Black, aims to extend the email ‘soft opt-in’ to charitable fundraising communications. Making the case for the amendment The Committee Stage of the legislative process allows for amendments to be introduced, debated, and examined in detail. It’s an opportunity to test the Government’s position and encourage revisions to the Bill before it reaches Report Stage and, eventually, Third Reading. Should the Government not incorporate widely supported changes, amendments can be re-tabled at Third Reading and potentially put to a vote. Lord Clement-Jones presented the case clearly:“This amendment would enable charities to communicate with donors in the same way that businesses have been able to communicate with customers since 2003. The clause will help to facilitate greater fundraising and support the important work that charities do for society.” He went on to reference a joint letter, coordinated by the DMA and signed by nearly 20 major charities, sent to Secretary of State Peter Kyle on 25 November. The letter emphasised the potential impact of the extension:“The DMA estimates that extending the soft opt-in to charities would increase annual donations in the UK by £290 million, based on analysis of 13.1 million donors by the Salocin Group.” Baroness Harding also expressed support for the amendment, with further endorsement from Lord Camrose, who leads the Conservative opposition to the Data Protection and Digital Information (No.2) Bill. He stressed the importance of reducing barriers to fundraising communications, noting that “many charities rely on donations from the public.” Government response and ongoing assessment Responding for the Government, Baroness Jones offered a measured reply:“We are listening carefully to arguments for change in this area and will consider the points raised, but I ask that the amendment be withdrawn while we consider its potential impact further. We are happy to have further discussions on that.” The DMA can confirm that the Government, with input from officials at the Department for Science, Innovation and Technology (DSIT), is currently conducting an impact assessment of this proposed extension, supported by the DMA and Wood for the Trees. Some small pushback At the close of the debate, Baroness Stowell, a former Chair of the Charity Commission, sounded a more cautious note:“People have an expectation of charities that differs from what they would expect by way of marketing from businesses. In considering this amendment, therefore, I urge the Minister to think carefully before deciding what action the Government should take.” Al DMA members would agree that successful fundraising requires great care and specific skills, but that is true of marketing to any specific category of product or service from financial services, to automotive to grocery to healthcare: in each product or service category customers have specific needs, concerns, preferences, passions that determine the approach marketers should take within a category. Looking ahead The DMA’s campaign to secure this soft opt-in for charities will continue discreetly over the coming weeks and into January. We remain cautiously optimistic that the Government will include an appropriate amendment at Report Stage. This is a crucial phase, given the composition of the Lords: Conservative: 273 Labour: 187 Crossbench: 184 Liberal Democrat: 78 Non-affiliated: 43 Bishops: 25 Others: 14 Lord Speaker: 1 The DMA will continue to build coalitions, collaborate with departmental officials, and provide further updates as the situation unfolds.

On 19th November, Peers in the House of Lords held the Second Reading of the Data (Use & Access) Bill. This stage is an opportunity for Peers to highlight issues they think should be considered going forward. The next stage at committee will review and propose substantive amendments to the Bill. You can see the full timeline for the Bill’s passing  here . Below is a summary of the key points relevant to the Data and Marketing Industry and on which the DMA has been working with UK government ministers, Peers, and industry to develop. Key points from Data (Use and Access) Bill Debate – House of Lords, 19 November 2024 GDPR Codes of Conduct •  Baroness Jones of Whitchurch (Lab) • Highlighted provisions in the Bill encouraging the development of GDPR-compliant codes of conduct for specific industries, facilitating clearer compliance pathways for SMEs. • Related Bill Sections: Part 5, Clauses 82-83. •  Lord Thomas of Cwmgiedd (CB) • Stressed the importance of ensuring that codes of conduct are robustly monitored and enforced, with penalties for breaches. • Related Bill Sections: Part 5, Clause 93. Accountability Framework in GDPR •  Lord Stevenson of Balmacara (Lab) • Argued that the Bill should strengthen the accountability framework in GDPR by mandating regular audits for data processors and controllers handling high-risk data. • Related Bill Sections: Part 5, Clause 90. •  Baroness Kidron (CB) • Criticized the perceived softening of accountability measures, particularly for organizations relying on automated decision-making. • Related Bill Sections: Part 5, Clause 80. Exemptions to Consent for Cookies •  Baroness Jones of Whitchurch (Lab) • Supported simplified rules for cookie consent, particularly for low-risk use cases like service improvement, to reduce unnecessary user friction. • Related Bill Sections: Part 5, Chapter 2, Clause 111. •  Viscount Colville of Culross (CB) • Warned that exemptions to consent for cookies must be narrowly defined to avoid abuses by ad-tech companies, especially in targeted marketing. • Related Bill Sections: Part 5, Chapter 2, Clause 111. Definition of Direct Marketing •  Baroness Jones of Whitchurch (Lab) • Highlighted updates to the definition of direct marketing to ensure it encompasses modern advertising practices, including targeted digital ads and AI-driven personalization. • Related Bill Sections: Part 5, Chapter 2, Clause 108. •  Lord Vaux of Harrowden (CB) • Called for additional clarity on the scope of “direct marketing,” particularly where it overlaps with legitimate interest clauses in GDPR. • Related Bill Sections: Part 5, Clause 70, and Chapter 2, Clause 108. Data Privacy Protections (general) •  Baroness Kidron (CB) • Criticized the weakening of privacy protections for vulnerable groups, including children. • Emphasized risks posed by automated decision-making to individual privacy rights. • Related Bill Sections: Part 5, Clause 80, and Schedule 6. •  Lord Arbuthnot of Edrom (Con) • Cautioned about the reliability of digital verification services and their implications for data privacy if improperly governed. • Related Bill Sections: Part 2, Clauses 27-44. Charities and the ‘Soft Opt-In’ •  Baroness Jones of Whitchurch (Lab) • Supported the introduction of “soft opt-in” provisions for charities, enabling them to contact existing supporters more efficiently while maintaining clear opt-out mechanisms. • Related Bill Sections: Part 5, Chapter 2, Clause 108. Data Economy •  Baroness Jones of Whitchurch (Lab) • Highlighted the £10 billion economic boost anticipated over a decade through enhanced data-sharing frameworks. • Related Bill Sections: Part 1, Clauses 1-13. •  Lord Thomas of Cwmgiedd (CB) • Raised concerns about balancing economic benefits with regulatory burdens on SMEs. • Related Bill Sections: Part 1, Clause 11. Artificial Intelligence (AI) •  Baroness Kidron (CB) • Expressed concerns about AI-driven data use, particularly scraping and algorithmic bias, and advocated for stronger protections against misuse. • Related Bill Sections: Part 5, Clauses 80, 84. •  Lord Bethell (Con) • Urged immediate measures to address AI-generated harmful content and improve safeguards for personal data used in AI systems. • Related Bill Sections: Part 7, Clause 123. Consumer Protection •  Lord Markham (Con) • Stressed the need for simplified frameworks to protect consumers without overburdening businesses. • Related Bill Sections: Part 1, Clauses 2-4. ICO Modernisation and Restructuring •  Baroness Jones of Whitchurch (Lab) • Supported modernizing the Information Commissioner’s Office (ICO) into a more proactive entity with expanded enforcement powers. • Related Bill Sections: Part 6, Clauses 115-118. •  Lord Stevenson of Balmacara (Lab) • Called for enhanced ICO powers to address emerging challenges in AI and international data transfers. • Related Bill Sections: Part 5, Clause 95. EU Data Adequacy •  Lord Vaux of Harrowden (CB) • Sought reassurances on the impact of the Bill on the UK’s EU data adequacy status. • Related Bill Sections: Part 5, Clause 84. •  Baroness Jones of Whitchurch (Lab) • Reaffirmed the government’s commitment to maintaining alignment with EU standards to avoid disruption in data flows. • Related Bill Sections: Part 5, Clauses 66, 84. Scientific Research and Technology Development •  Baroness Kidron (CB) • Welcomed the improved researcher access provisions but expressed concerns about insufficient safeguards for secondary use of sensitive data. • Highlighted risks of exploitation of NHS data for non-research purposes, urging the government to establish clear boundaries between scientific research and commercial interests. • Related Bill Sections: Part 5, Clauses 67-69, and Clause 85. •  Lord Bethell (Con) • Emphasized the critical role of data in advancing health technology, urging clear guidelines on anonymization and secure sharing for legitimate research purposes. • Related Bill Sections: Part 5, Clauses 68-69.