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On 21st November, the Federation of European Data and Marketing (FEDMA) announced that it welcomed the European Commission’s initiative to simplify and streamline the EU’s digital regulatory landscape through its Digital Omnibus. This represents the first step toward reducing administrative burdens, enhancing legal clarity, and ensuring that Europe’s digital rulebook remains fit for purpose in a rapidly evolving environment. More details can be found here .

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 . – 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. 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.

Issues around data management and privacy are the biggest concerns in 2019/20, according to the  Data and Marketing Commission ’s (DMC) latest Annual Report . In the year ranging from July 2019 to June 2020, the DMC reported a marked reduction in complaints against businesses in the data and marketing sector – from over 130 in 2018/19 to just 63 in the last year. The DMC investigated 23 complaints involving members of the  Data and Marketing Association  (DMA), 15 of which were consumer complaints and 8 were about B2B issues. The majority of these issues relate to data, privacy and quality (62.5%), with contractual (25%) and customer service (12.5%) problems making up the remainder. The remaining 40 objections involved organisations that are not members of the DMA and so 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. “Understanding how customers think and feel, and what drives their behaviours, is key to customer management and to maximising loyalty. Underlying all the complaints that we see is the standard and quality of an organisation’s customer service,” said Amerdeep Somal, Chief Commissioner of the DMC. “How does a business capture the right information to get to the heart of what matters to a customer, then act on this information to improve customer experience? This will be more important than ever during these challenging times, the pandemic and post Brexit.” Over the past year, the DMC Board decided it was necessary to conduct one formal investigation into a business. The case involved complaints from two businesses that paid for a service they felt had not been adequately delivered. The DMC Commissioners did not think that the DMA Member had complied with any of the DMA Code’s key principles. Following further failures to engage with the clients or the investigation, the DMC recommended considering the removal of the company from membership, a sanction that the DMA Board approved and imposed. Somal continues: “The impact the pandemic has had on our society cannot be underestimated and we all have a crucial part to play in weathering the storm. More important still is the change that is required within the industry itself to ensure it retains, and in some cases regains customer support. That means keeping front of mind the lessons of the lockdown that the success of the industry is founded on customer support, which should never be abused or taken for granted.”

“Our industry must use complaint feedback to enhance data privacy learning for SMEs when UK GDPR is reformed” Comments by Chief Commissioner, Amerdeep Somal, following the publication of the Data & Marketing Commission’s (DMC) 2021-22 Annual Report. The Data & Marketing Commission’s (DMC) Chief Commissioner, Amerdeep Somal, issues comments about how regulators can help businesses, especially SMEs, when UK data protection laws reform – following the publication of the DMC Annual Report 2021-22 . The DMC’s plans are progressing to become an accredited Monitoring Body for the ICO with an enhanced remit to enforce the Data & Marketing Association’s (DMA UK) Industry Code. It is hoped that this Monitoring Body status will be achieved by early 2023. “The DMC is working closely with the ICO to help change perceptions of regulators, so we are not just seen as regulation enforcers, but also as free knowledge hubs for businesses and consumers. The DMC believes there is a great opportunity to create industry-wide feedback reports more frequently with additional best practice learnings, to further support the business community through both challenging and uncertain times,” said Amerdeep Somal, Chief Commissioner of the DMC . The DMC believes the marketing industry must bring education to the forefront and share learnings from 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. “Annual Reports like ours and the ICO’s are a great resource for business learning through their evidence-based reporting and unique industry insights. The reports provide timely insights into industry issues to help businesses learn from common mistakes, helping to prevent expensive legal costs and reduce training fees which can be a huge burden on businesses, especially SMEs. For these reasons, our industry must use complaint feedback more to enhance data privacy learning for SMEs when UK GDPR is reformed.” Number of complaints against industry declines In the year ranging from July 2021 to June 2022, overall complaints against the marketing industry declined. Although the DMC reported an increase in the percentage of customer service complaints, rising to 31% (up from 18%). Most of the complaints received still relate to data, privacy, and quality (62%), with contractual (8%) problems making up the remainder. The total number of complaints against non-DMA members declined by 44% this year. For the second year running, the DMC investigated fewer complaints involving members of the DMA during this period – falling by 25% when compared to the previous year’s total. Member complaints amounted to nearly a quarter of the total number of complaints (24%). “Not only have complaints against DMA Members continued to decline year-on-year, but we have also observed a sharp decline against non-DMA Members too. This is likely due to growing awareness by organisations about their obligation to their customers to be transparent and respectful. However, with UK data protection laws due to reform soon, businesses must stay vigilant, engaged, and responsible – ready to embrace the reforms with the help of regulators like the DMC,” added Somal. Organisations that are not members of the DMA, were referred by the DMC to other statutory or self-regulatory bodies. Full details on the complaints, investigations, and more thoughts from the DMC’s Commissioners are available in the full Annual Report, available here. For further enquiries contact suzi.higman@dmcommission.com

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