What other organisations are saying
The issues at stake will impact on almost all UK businesses – and it's not just the DMA sounding the alarm and calling for a re-think.
So we've pulled together the views of government, official bodies and marketing industry organisations along with a list of useful links for your own research.
House of Commons Justice Select Committee:
"As currently drafted, the Regulation does give data subjects essential rights that must not be compromised during negotiations, and it has the potential to make data protection compliance easier for businesses, especially small businesses, which trade across the European Union. However, we do not believe that in its present form it will produce a proportionate, practicable, affordable or effective system of data protection in the EU."
"The Government agrees with the Committee's view that the proposed Regulation as drafted is over-prescriptive in terms of how data controllers comply with the draft Regulation."
Culture Minister, Ed Vaizey:
"Britain's creative industries and the strength of its online economy are the envy of Europe. This Regulation puts at risk the innovation which drives online business and creative content and it's particularly important for the UK that we address this. We must find a way to protect consumers that doesn't undermine some of our most valuable sectors."
Justice Minister, Helen Grant:
"As technology advances, data protection rules must keep up but European legislators must balance these new rules against the risk of undermining UK businesses in the process. Governments, regulators and industry should be co-operating on proportionate rules to reassure and protect consumers."
Information Commissioner's Office:
"The current proposal is too prescriptive in terms of its administrative detail and the processes organisations will have to undertake to demonstrate accountability. This could be a particular problem for SMEs.
We support a high level of consent, so that there is as little doubt as possible as to whether individuals have - or have not - agreed to their personal data being processed in a particular way. However, there must be a coherent set of alternatives to consent for situations where consent is not viable."
Confederation of British Industry:
Matthew Fell, CBI Director for Competitive Markets, said:
"In an increasingly digital age, it is important that consumers and employees are confident of their data protection rights, and this is also in businesses' interests.
"However, at a time when we should be boosting business confidence and encouraging innovation in digital services, these proposals will interfere with the relationship between businesses and their customers, and only add to costs.
"We see no reason for such a radical overhaul, when existing data protection legislation remains fit for purpose."
Federation of Direct Marketing Associations (FEDMA) / Industry Coalition for Data Protection (ICDP):
"At a time when the information and communications technology industry is one of the few sectors of the European economy that is still growing, the European Commission's proposal for a new Data Protection Regulation threatens to unravel the digital ecosystem, putting jobs and growth at risk, and potentially stifling Europe's capacity to innovate."
"In March 2012, the Advertising Association published its views on the European Commission's proposals. It argues that the draft Regulation is too prescriptive, short-termist and would suppress growth and innovation in the digital economy.
"Instead, we have urged the Commission to focus on inconsistencies of application and enforcement across the EU and promote a principles-based regulatory regime which can evolve as technology develops and ensure that data is protected and privacy respected."
Internet Advertising Bureau:
Nick Stringer, Director of Regulatory Affairs at the IAB UK, comments:
"We support strong data protection law across Europe to protect consumers. However, this must be balanced with a need to allow for new business models and innovation. A failure to deliver this will be a significant set-back for Europe's digital agenda, as well as the UK digital economy, and it is European citizens that will lose out."
The ICDP adds: "The Industry Coalition for Data Protection (ICDP) continues to support the European Union's (EU) efforts to update privacy rules to 21st century standards. We regret, however, that after months of consultation, the draft report published by the rapporteur, Jan Philipp Albrecht, MEP, missed an opportunity to reconcile effective privacy safeguards with rules protecting the conduct of business – both fundamental rights under the EU charter."