Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Marketers must respect consumers’ rights when using personal data for direct marketing. Under CAP Code Section 10, advertisers have clear responsibilities to ensure marketing communications comply with data protection principles. Code rule 10.10 states:
Consumers are entitled to have their personal data suppressed so that they do not receive marketing. Marketers must ensure that, before use, databases have been run against relevant suppression files within a suitable period. Marketers must hold limited information, for suppression purposes only, to ensure that no other marketing communications are sent to those consumers as a result of information about those consumers being reobtained through a third party.
Practical steps for suppression lists
What does suppression mean?
Suppression involves retaining enough information to identify individuals who have opted out, without using their data for any other purpose. This prevents accidental re-contact if the data is re-acquired from another source. Simply deleting the data could lead to future breaches if the same details are reintroduced into your marketing lists.
Practical steps for suppression lists
Data protection law and PECR doesn’t say you have to use a suppression list, but advertisers should use one to comply requests to not receive marketing from an advertiser. Advertisers should keep a secure record of individuals who have opted out by maintaining a suppression list. By using a suppression list, an advertiser can check any new marketing lists against it. This ensures that direct marketing isn’t sent to anyone who has asked you not to. Also, advertisers should ensure information is not used for direct marketing purposes when consumers have objected.
Advertisers should honour opt-out requests as soon as possible and should also ensure third-party suppliers also respect suppression requirements.
Why is this important?
Failure to comply with rule 10.10 can lead to complaints by consumers. Suppression protects consumers’ rights and helps maintain trust in marketing practices.
CAP encourages members of the public and businesses to find more information about their legal rights and obligations at www.ico.gov.uk.
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