The latest on the Digital Economy Bill

The Digital Economy Bill proposes to introduce a number of legislative changes but the important change for DMA members is the proposal to make the Information Commissioner’s Office (ICO) direct marketing guidance statutory.

The Bill will put the guidance on a statutory footing, which means marketers will have to follow it and could face enforcement action for not doing so. However, the guidance will only be approved subject to consultation with the industry. The DMA is already in talks with the ICO on this point.

Today the Bill is being discussed by MP’s before heading to the House of Lords for approval.

A number of MP’s have been critical of direct marketing during the passage of the Bill. For example, Labour MP, Yvonne Fovargue, had called for all direct marketing to be opt-in. She said: “Direct marketing should be opt-in, not opt-out. The tick-boxes are often far too small for people to see. My mother would never be able to see them.”

While the Bill was being discussed the Government announced that they would extend responsibility for breaking the rules in the Privacy and Electronic Communications Regulations (PECR) to company directors. Each could be fined up to £500,000 for breaking the rules.

The Government are taking the issue of nuisance calls seriously and see the Digital Economy Bill as one of their main platforms to alleviate the problem for consumers.

The DMA is supportive of the move to put the ICO’s direct marketing guidance on a statutory footing but only if it is done so with the involvement of industry and subject to a consultation.

As soon as the DMA knows more we will be touch to collate members views on the ICO’s direct marketing guidance.

At this time, we need to make sure we highlight the distinction between rogue marketers and the legitimate industry, which the rogues bring into disrepute.

This is why the DMA is calling for custodial sentences for the rogue marketers that flagrantly data protection law to turn a profit.