ICO's Draft Code of Practice for Direct Marketing

This is relevant to all artists and arts organisations that practice direct marketing i.e. any method of communication which is directed to particular individuals.

Even if you are not going to comment on the consultation, you probably need to be aware of the contents - particularly if you keep lists of people you contact via email or newsletters.

​The Information Commissioner in the UK proposes to introduce a Direct Marketing Code of Practice - as required by the Data Protection Act 2018. 
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This month the Information Commissioner's Office (ICO) has

• launched a public consultation on a draft direct marketing code of practice.
• published the Direct Marketing Code of Practice - Draft for consultation

Quotes in this blog post come from the draft code of practice.

What is direct marketing?
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Direct marketing includes the promotion of aims and ideals as well as advertising goods or services. Any method of communication which is directed to particular individuals could constitute direct marketing. Direct marketing purposes include all processing activities that lead up to, enable or support the sending of direct marketing.
page 3 of Direct  marketing code of practice - Draft code for consultation | ICO

All organisations (and individuals acting as sole traders) have an obligation to ensure their direct marketing activities comply with

• the General Data Protection Regulation, Data Protection Act 2018 (GDPR) and
• the Privacy and Electronic Communications Regulations 2003. (PESC) 

​Who needs to know what to do
​

Below I've identified the nature of individuals and organisations and activities which will be covered by the code of practice for direct marketing.

When the Code of Practice is introduced it will set the benchmark against which the behaviour of any artist or art organisation will be measured when involved with direct marketing. Cautions or fines could be the result if you flout it.

You will be caught by the direct marketing rules if you are using data with the intention to market, advertise, or promote products, services, aims or ideals.

I've adapted their examples as who "needs to know" for artists and art organisations below

EXAMPLES:

• commercial businesses (eg art galleries and artists) marketing their products and services;
• charities and third sector organisations (e.g. art societies) fundraising or promoting their aims and ideals;
• (e.g. art societies) canvassing for votes;
• public authorities (e.g. public art galleries) promoting their services or objectives; or
• organisations (any artist or art organisation) involved in buying, selling, profiling or enriching personal data for direct marketing purposes.

Following the code along with other ICO guidance will help you to comply with the GDPR and PECR

Consultation: direct marketing-draft code of practice

The draft code of practice aims to provide practical guidance and promote good practice in regard to processing for direct marketing purposes in compliance with data protection and e-privacy rules.

The draft code covers the legislation as it currently stands – which for e-privacy means the Privacy and Electronic Communications Regulations 2003 (PECR).

Below is what it covers. To my mind it assumes a familiarity with requirements of GDPR and is likely to prove inaccessible to those wanting to know what they have to do for the first time.

The draft code is now out for consultation - with a deadline of 4 March 2020 for all responses

The Information Commissioner welcomes feedback on the specific questions set out in this document. You can email your response to directmarketingcode@ico.org.uk

The final version of the Code of Practice for Direct Marketing should be published later this year. 

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More Codes of Practice
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You can READ MORE about

GDPR 

• General Data Protection Regulation ​for Artists and Art Organisations (dedicated page)
• Data Protection and GDPR for Artists and Art Organisations (blog post)

PESC

• ICO | Guide to PECR - This guide is for organisations that wish to send electronic marketing messages (by phone, fax, email or text), use cookies, or provide electronic communication services to the public. It provides examples of what to do
• how to sell your art online (dedicated page - related to ecommerce for art and artists and including the UK law and rules which must be observed - including PESC)
• Trading standards for art in the UK: what you need to know about the law and regulations (blog post)

ICO Data Sharing: Code of Practice

• ICO's DRAFT Data Sharing: Code of Practice (blog post) - relates to the update of ICO's data sharing code of practice required by the Data Protection Act 2018.