Journal of Direct, Data and Digital Marketing Practice: Legal and Regulatory Updates
Journal of Direct, Data and Digital Marketing Practice features regular updates and summaries by leading legal professionals on key legislation and codes of practice affecting marketing.
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£19.50Legal and Regulatory Update — Journal of Direct, Data and Digital Marketing Practice Vol. 13 No. 4
[27 Apr 2012] An overview of recent key legal developments: EU Data Privacy laws; breaching copyrights with the misuse of images; breaking CAP codes in promotion marketing and the consequences imposed by the ASA (10 pages)
Legal and Regulatory Update — Journal of Direct, Data and Digital Marketing Practice Vol. 13 No. 3
[01 Jan 2012] An overview of recent key legal developments: the Cookies Law; the Copyright and Rights in Databases Regulations; the meaning of ‘opted-in’ in campaign provider agreements; and the extension of the UK’s highly regarded self regulatory system for advertising control (CAP code) (9 pages)
Legal and Regulatory Update — Journal of Direct, Data and Digital Marketing Practice Vol. 13 No. 2
[01 Oct 2011] An overview of recent key legal developments in the Cookies law, travel payment surcharges, subjective redundancy, and adverts with an ‘invitation to purchase’. (10 pages)
Legal and Regulatory Update — Journal of Direct, Data and Digital Marketing Practice Vol. 13 No. 1
[01 Jul 2011] OFT demands transparency on paid for promotions (Tom Harding) and Northern Ireland prize draw rules may be brought into line with rest of UK (Stephen Groom)
Legal and Regulatory Update, Journal of Direct, Data and Digital Marketing Practice Vol. 12 No. 4
[11 May 2011] The following articles of current interest come from September 2010 update of Osborne Clarke's advertising and marketing website (www.marketinglaw.co.uk), which is updated monthly.
New online ad control regime to be imposed without consultation — Stephen Groom; Virgin media defends ‘service ’email — Anna Williams (née Montes); Key prize promo rule changes in new CAP and BCAP Codes — Hannah Willson. (8 pages)
Legal and Regulatory Update: Journal of Direct, Data and Digital Marketing Practice Vol. 12 No. 3
[11 Feb 2011] Cookies saved (may-be) by UK response to revised E-Privacy Directive — Stephen Groom
The UK Government launched a consultation on the implementation of the ‘Citizens Rights Directive’ 2009/136 (‘CRD’), which among other things amends the E Commerce Directive (2002/58/EC). The key point that UK marketers were waiting to hear about was cookie consent. Would the UK be following the apparently clear thrust of the CRD and introducing ‘cookie opt-in’ into UK law with effect from 25 May 2011 (the deadline imposed by Brussels for transposition of the CRD into the local laws of all EU states)?
New official guidance on ‘skill with prizes’ games — Mark Smith
The Gambling Commission and HMRC have issued guidance on ‘skill with prizes’ games (‘Guidance’). Although the Guidance is aimed chiefly at gaming machines, it is also essential reading for marketers conducting prize promotions.
Tackling silent and abandoned calls — Are you compliant with the revised UK policy?
— David Leedham
This paper provides a brief history of the Ofcom actions to address the issue of silent and abandoned calls and the resulting harm these cause. It outlines the most recent Policy changes and discusses the implications of these to those using outbound dialling technology. (10 Pages, £19.50)
Legal and Regulatory Update: Journal of Direct, Data and Digital Marketing Practice Vol. 12 No. 2
[29 Oct 2010]
Revisions to the Market Research Society (MRS) code of conduct — Peter Mouncey.
Following a lengthy period of consultation with Market Research Society (MRS) members, a revised version of the MRS Code of Conduct came into force on 1 April 2010. While the Code only applies to members of MRS, it is viewed by regulators such as the Information Commissioner as the key code and guidelines covering the market and social research sector. In addition, clients of the research sector need to be aware of key changes to the Code, as these can have implications for the projects they commission.
Data protection in Europe – A cloudy future — Alastair Tempest and Goetz Brandau
The European Convention of Human Rights supported by the Data Protection Convention (109) of the Council of Europe, enshrines privacy as a human right in Europe. This may suggest some ancient and well-established body of law buried deep in European history — perhaps dating back to the French Revolution, or deeper into the mists of time to one of the great medieval bills of rights — the Magna Carta, or the Basque Constitution of Guernica, for example. In fact, as the poet Milton put it‘ …to the public good/Private respects must yield’, few in the past recognized a need for a right to privacy — ‘an Englishman’s house is his castle’, but there were always Major caveats, in particular the right of the state (public good) to intervene. It took the collection of personal data designed to subjugate the individual in the mid-twentieth century to waken a real desire to safeguard privacy. (15 pages)
Legal and Regulatory Update: Journal of Direct, Data and Digital Marketing Practice Vol. 12 No.1
[12 Aug 2010] The ASA has adjudicated on an advert shown on a video-on-demand service for the first time. The advert was for the 15-rated Paramount Pictures film Carriers, and was shown before and during the X Factor final on the ITV Player.
A voice-over described life following an outbreak of a deadly virus and stated: ‘The sick are already dead, avoid populated areas at all cost. You come into contact with other people — assume they have it’. The ad featured survivors wearing masks and carrying weapons along with images of body bags piled high and dead people with decayed skin appearing to come back to life. The advert had been banned from being shown before the 9pm watershed on linear TV. (2 pages)
Legal and Regulatory Update: Journal of Direct, Data and Digital Marketing Practice Vol. 11 No. 4
[01 Apr 2010] Ministry of Justice consults on the future of the electoral roll, ICO consults on draft online privacy code of practice, new unfair commercial practices 'Guidance'. (8 pages)
Legal and Regulatory Update: Journal of Direct, Data and Digital Marketing Practice Vol. 11 No. 3
[01 Jan 2010] An overview of ASA brands and misleading advertising, Financial Services Authority and online sponsored links, distance selling and price comparisions.
(7 pages)
Legal and Regulatory Update: Journal of Direct, Data and Digital Marketing Practice Vol. 11 No. 2
[01 Oct 2009] An overview of recent key legal developments around behavioural advertising, consumer credit advertising and sales; the latest Annual Report from the Information Commissioner’s Office and proposed EU law on consumer protection. (9 pages)
Legal and Regulatory Update: Journal of Direct, Data and Digital Marketing Practice Vol. 11 No. 1
[01 Jul 2009] An interview with Trevor Phillips, Chairman of Equality and Human Rights Commission and Caroline Walters, Director of People and Policy for BT on the subject the proposed Equalities bill, segmentation and discrimination. (5 pages)
Legal and Regulatory Update: Journal of Direct, Data and Digital Marketing Practice Vol. 10 No. 4
[01 Apr 2009] An overview of recent key legal developments in trademarks and reputations, termination of supplier contracts, internet defamation and payment services regulations. (4 pages)
Legal and Regulatory Update: Journal of Direct, Data and Digital Marketing Practice Vol. 10 No. 3
[01 Jan 2009] An overview of recent key legal developments in web advertising, open-source software and internet defamation claims. (5 pages)
Legal and Regulatory Update: Journal of Direct, Data and Digital Marketing Practice Vol. 10 No. 2
[01 Oct 2008] An overview of recent key legal developments in safeguarding personal details, unfair commercial practices, policing brands in retail and the freedom of expression in domain names. (17 pages)
Legal and Regulatory Update: Journal of Direct, Data and Digital Marketing Practice Vol. 10 No. 1
[01 Jul 2008] An overview of recent key legal developments in trade marks, brand ownership, retail, telecoms, Internet, television and marketing. (8 pages)
Legal and Regulatory Update — Journal of Direct, Data and Digital Marketing Practice Vol. 9 No. 3
[01 Jan 2008] Web 2.0 — The key legal questions: (6 pages)
Legal and Regulatory Update: Journal of Direct, Data and Digital Marketing Practice Vol. 9 No. 2
[01 Oct 2007] An overview of recent key legal developments in consumer protection, direct marketing, communications, media regulation, copyright and data protection. (13 pages)
Legal and Regulatory Update: Journal of Direct, Data and Digital Marketing Practice Vol. 9 No. 1
[01 Jul 2007] This issue provides an overview of recent key legal developments in telephone marketing, data protection, sale of goods, consumer protection, technology, e-commerce, copyright, Voice Over Internet Protocol (VOIP) and advertising.
Legal and Regulatory Update: Prize promotions: Misleading competitions come under scrutiny — Paul Langford, Journal of Direct, Data and Digital Marketing Practice Vol. 8 No. 4
[01 Apr 2007] Particular care needs to be taken when formulating promotional campaigns that require entrants to use premium rate telephone numbers. (8 pages)
Legal and Regulatory Update: Call centre criminals (Data protection) — Katherine Williams, Journal of Direct, Data and Digital Marketing Practice Vol. 8 No. 3
[01 Jan 2007] The Information Commissioner recently launched an investigation following Channel 4's Dispatches programme, which showed that criminal networks are trading British consumers’ bank details and other confidential information obtained from Indian telephone call centres. (9 pages)
Legal and Regulatory Update: Full market opening of the UK postal market: Postcomm — Breathing life into a 350-year-old industry — Andrew Starkey, Journal of Direct, Data and Digital Marketing Practice Vol. 8 No. 1
[01 Jul 2006] Explains the background behind the removal of restrictions that has allowed a fully open mail market in the UK for the first time in 350 years, and looks at the implications and opportunities. (7 Pages)
Legal and Regulatory Update: Postal tariff strategies: From volumetric pricing to size-based pricing to pricing in proportion — David Robottom, Journal of Direct, Data and Digital Marketing Practice Vol. 7 No. 4
[01 Apr 2006] This paper looks at the various postal tariff strategies employed in the UK since the mid-1990s, culminating in the forthcoming introduction of 'pricing in proportion' (PIP) later this year.(4 pages)
Legal and regulatory update: Data security and offshoring — Belinda Haden, Journal of Direct, Data and Digital Marketing Practice Vol. 7 No. 3
[01 Jan 2006] This paper addresses how organisations can ensure that personal data are protected when outsourcing call centres offshore. (4 pages)
Legal and Regulatory Update: Chip and spin: Shifting burdens and new threats in retail card fraud — Shelagh Gaskill, Gavin McGinty and James Pratt, Journal of Direct, Data and Digital Marketing Practice Vol. 7 No. 2
[01 Oct 2005] The technical security of data transfer over the internet has improved dramatically in recent years. The result is that those most vulnerable from online fraud are not the individuals having their card details intercepted and used, but the merchants who are faced with fraudsters buying goods with stolen cards or using stolen identities. The recent introduction of chip and PIN will not reduce the overall level of card fraud, but it will shift its impact from traditional retail to online or mail order.
Legal and Regulatory Update: Does your website comply with legal requirements for accessibility? — Ardi Kolah, Journal of Direct, Data and Digital Marketing Practice Vol. 7 No. 1
[01 Jul 2005] The founding father of the internet, Tim Berners-Lee, once said: "The power of the internet is in its universality. Access by everyone regardless of disability is an essential aspect." It is almost ten years since the Disability Discrimination Act 1995 (DDA) arrived on the statute books in an attempt to stem the discrimination that many disabled people face on a daily basis. It simply does not make economic sense for brand owners to ignore this group. For example, according to the Employers Forum on Disability, the estimated purchasing power of people with disabilities
is £40 - £50bn a year.
European regulation: EU plans for direct marketing — Alastair Tempest, Interactive Marketing, Vol. 6 No. 4
[01 Apr 2005] This paper points out that the EU regulations which are relevant to direct marketing are being systematically altered by national regulators to produce results which are often protectionist and which prevent new entrants to national markets within the EU.
Legal and Regulatory Update: Death of the cold call? Mike Havard, Interactive Marketing, Vol. 6 No. 3
[01 Jan 2005] This is a brief update commenting on the uncertain future of outbound telemarketing as a means of customer acquisition. It examines the impact of legislation and customer resistance on the viability of outbound calling and poses the view that, if drastic action is not taken soon, the practice will cease to be economically viable within five years.
Legal and Regulatory Update: Silent calls briefing — Belinda Haden, Interactive Marketing, Vol. 6 No. 3
[01 Jan 2005] This is a brief update on the issue of silent calls that looks at the size of the problem, why they happen and current options available to consumers to avoid them. It examines current legislation and best practice guidelines for users of predictive dialling software. This update briefing contains extracts from a free white paper, Death of the Cold Call, published by CM Insight.
Legal and Regulatory Update: E-mail marketing: How to do it lawfully — William Malcolm, Interactive Marketing, Vol. 6 No. 2
[01 Oct 2004] This paper sets out the basic rules in this area and suggests a number of practical compliance measures.
Legal and Regulatory Update: Extension of the Telephone Preference Service to businesses — Shelagh Gaskill, Interactive Marketing, Vol. 6 No. 1
[01 Jul 2004] This is the first of two papers on the effect of the Privacy and Electronic Communications Regulations 2003, which implement the EU Directive 2002/58/EC on Privacy and Electronic Communications and which revolutionise the way in which marketing by any method other than ordinary postal mail has to be carried out. This first paper deals with a small point of the extension of the Telephone Preference Service (TPS) to businesses.
(The second and much more extensive paper will deal with the rules on marketing to businesses and individuals by phone, fax, e-mail, SMS messages, pictures, text and video, and will be published in the next issue.)
Legal and Regulatory Update: The EU Directive on the Distance Marketing of Financial Services — Interactive Marketing, Vol. 5 No. 4
[01 Apr 2004] This paper discusses forthcoming changes in the law which will have a significant impact on the marketing activities of product providers and intermediaries within the financial services industry. The changes will also affect the obligations of these parties under contract, and the rights of consumers to whom they supply services.
Legal and Regulatory Update: The legal issues relating to the Copyright Directive and the practical implications for marketers — Peter Wainman, Interactive Marketing, Vol. 5 No. 3
[01 Jan 2004] This paper discusses the changes that the Copyright Directive will make to the existing law of copyright following the publication of implementing regulations on 31 October 2003, and how these changes are likely to impact the marketing industry and the work of marketers generally. (5 pages)
Legal and Regulatory Update: 2001 Census statistics release — Peter Sleight, Interactive Marketing, Vol. 5 No. 2
[01 Oct 2003] This paper reviews the 2001 Census, small-area data from which will soon be published. Once it is available, geodemographic and lifestyle companies will process the data to update and enhance their range of targeting products. The new features of this particular Census are highlighted, as are the types of products and applications likely to be of most interest to direct and interactive marketers. (9 pages)
Legal and regulatory update: Implementation of the Directive on privacy and electronic communications, or making a meal out of cookies and spam — Interactive Marketing, Vol. 5 No. 1
[01 Jul 2003] On 27 March 2003 the Department of Trade and Industry published a consultation document on the implementation of the directive on privacy and electronic communications. This consultation is aimed at 'anyone who direct markets by phone, fax, SMS [short message service] or e-mail', and is open until 19 June 2003. The consultation provides marketers with the opportunity to express their opinions about the proposed changes in legislation. (7 pages)
Legal and Regulatory Update: The use/sale of the electoral roll and the practical implications for the direct marketing industry, Interactive Marketing, Vol. 4 No. 4
[01 Apr 2003] Three spectres haunt the corridors of direct marketing organisations following the judgment in the case of Robertson v City of Wakefield MBC and the Secretary of State for the Home Department (aka 'the Robertson case'): data protection, human rights and the Representation of the People Regulations.
Legal and regulatory update: Creating consumer trust and confidence online — Colin Lloyd, Interactive Marketing, Vol. 4 No. 3
[01 Jan 2003] TrustUK has been established as a co-regulatory imitative operated by the Alliance for Electronic Business and Consumers' Association with the support of the government. Trust UK has established a set of core principles to afford consumers trust and confidence when they trade online by accrediting and monitoring the codes of practice for trade associations and representative bodies. The three major consumer-facing code owners in the UK — ABTA, Which Web Trader and the DMA — operate codes of practice accredited by TrustUK. The majority of online transactions in the UK now operate to the TrustUK principles. (5 pages. Vol. 4 No. 3, Jan 2003, kindly sponsored by Centrica)
Legal and regulatory update: The implications of the Data Protection Act 1998 and the UK market research industry — Peter Mouncey, Interactive Marketing, Vol. 4 No. 2
[01 Oct 2002] This paper focuses on how the UK market research industry has responded to the Data Protection Act 1998. (5 pages)
Legal and regulatory update: Marketers get a wake-up call from EU cookie legislation — Danny Meadows-Klue, Interactive Marketing, Vol. 3 No. 4
[01 Apr 2002] This paper ponders the background to, and potential ramifications of, new directives from the European Parliament that threaten to radically restrict Internet marketers' abilities to use cookies—the code numbers that are issued to web users and enable website publishers to personalise their content accordingly. It serves to encourage marketers to actively resist the proposed legislation before it becomes formalised. (4 pages)
Legal and regulatory update: Exporting personal data — Christine Reid, Interactive Marketing, Vol. 3 No. 3
[01 Jan 2002] The European Commission has published model contract terms with a view to bringing some certainty as to how data controllers who need to send personal data overseas can do so without falling foul of the Data Protection Act. This paper has been prompted by the controversy generated by various drafts of those terms. (8 pages)
Legal and regulatory update: E-mail and text message marketing — Shelagh Gaskill and Adrian Hackett, Interactive Marketing, Vol. 3 No. 2
[01 Oct 2001] The EC has expressed its intention not to stifle the development of the technology behind a range of electronic communications services now available. However, it also recognises the potential impact of these services (such as unsolicited e-mails and text messages) on the privacy of individuals. This paper examines new legislation that is intended both to enable and to regulate the use of electronic communications services. (6 pages)
Legal and regulatory update: Current issues on Internet sales and nexus — Derek Rose, Juan Keller and John Barrie, Interactive Marketing, Vol. 3 No. 1, Special US Issue
[01 Jul 2001] The continued growth of sales of tangible personal property and services across the Internet as well as the failure of state revenues in the US to satisfy projections have increased the pressure on state revenue collection agencies to attempt to tax Internet sales. This paper sets forth the legal framework by which states are permitted to tax Internet transactions, developments by which state revenue collection agencies are attempting to expand Internet taxation and methods to avoid taxation on Internet sales. (6 pages)
Legal and regulatory update: A question of trust and confidence—Self-regulation of e-commerce — Alastair Tempest, Interactive Marketing, Vol. 2 No. 4
[01 Apr 2001] Concerns over the erosion of consumers' trust and confidence in e-commerce are being expressed by industry, governments and consumers alike. Consumers complain that fulfilment is often very slow; that they do not always have details to contact e-merchants (or do not get a reply); that financial transactions are not secure; and that their privacy is intruded upon by software tools which they either do not understand or cannot remove.
To help restore trust and confidence requires a sophisticated series of measures—the use of trustmarks, codes, alternative dispute resolution systems, consumer complaints systems and privacy-enhancing software. FEDMA proposed the package of measures outlined in this paper as its contribution to solving some of the major concerns.
Legal and regulatory update: The E-Commerce Directive and its impact on pan-European interactive marketing — Mike Pullen and Julia Robinson, Interactive Marketing, Vol. 2 No. 3
[01 Jan 2001] On 8 June 2000 the E-Commerce Directive was adopted by the Council of Ministers and aims to create the framework for the free movement of e-commerce services throughout the EU. There is currently a backlash against some of the liberalisation measures in the Directive, because the significance of some of its provisions was not fully understood at first by all those involved. Now that the full impact of the Directive has become known, a number of attempts are being made to limit its scope, particularly in relation to direct marketing.
Legal and regulatory update: The E-Commerce Directive — Jan Radler, Interactive Marketing, Vol. 2 No. 2
[01 Oct 2000] The E-Commerce Directive was published in June 2000, and EU member states must implement it into national law before 17 January 2002. The Department of Trade and Industry has indicated that the UK will need to take a number of actions to ensure compliance with the Directive.
Legal and regulatory update: A light touch—The ITC's consultation paper on interactive TV services — Charlotte Price, Interactive Marketing, Vol. 2 No. 1
[01 Jul 2000] On 29 February 2000 the Independent Television Commission (ITC) published its long-awaited consultation paper on the regulation of interactive TV services. Following discussions with broadcasters and various interested parties, the ITC set out its flexible approach to the emerging new services. Rather than increasing the regulation of interactive services, it proposed a more streamlined approach that will operate within the existing ITC regulatory framework.
Legal and regulatory update: A new regulatory regime for direct marketing using fax, telephone and e-mail — Charlotte Price, Interactive Marketing, Vol. 1 No. 4
[01 Apr 2000] Last year direct marketers faced a marked increase in the regulations of their activities. On 1 March 2000 the Telecommunications (Data Protection and Privacy) Regulations 1999 came into force, due to be followed by the implementation of the Distance Selling Directive in June 2000. The way businesses use fax, telephone and e-mail for direct marketing has had to be reassessed to ensure compliance with the regulations.
Legal and regulatory update: Data protection with particular reference to the Internet — Michael Chissick and Jan Radler, Interactive Marketing, Vol. 1 No. 3
[01 Jan 2000] This paper focuses on the Data Protection Act 1998 and the eight principles of data protection in the context of businesses conducting activities via the Internet. It also raises questions regarding jurisdictional data protection before moving on to the UNCITRAL Model Law, which seeks to establish reliability for methods of signature of electronic documents.
Legal and regulatory update: E-commerce policy developments — Michael Chissick and Jan Radler, Interactive Marketing, Vol. 1 No. 2
[01 Oct 1999] The increasing importance of the developing virtual electronic market has been accompanied by a growing awareness of the difficulties in applying traditional legal concepts to this new environment. Proposals are being made on a national, international and European level to address various issues, particularly the legal and practical aspects of e-commerce, such as the security and legality of these transactions. The EU has made several proposals for directives and new legislation to cover issues such as electronic signatures, e-commerce and digital copyright.
Legal and regulatory update: Compliance in the interactive environment — Michael Chissick, Interactive Marketing, Vol. 1 No. 1
[01 Jul 1999] E-commerce means that having a worldwide customer base is no longer the preserve of multinational corporations. Unsurprisingly, e-commerce is also one of the prime drivers of the globalisation of the world economy. Commercial law, on the other hand, has largely remained national in outlook—even within the EU, fundamental principles of trading differ. While this does not present a barrier to e-commerce, it does mean that companies must carefully consider the legal implications of how they conduct business online. Simply transferring traditional practices to the electronic marketplace will not work ...
