Five top tips on our new rules on the use of data for marketing

After public consultation, CAP has introduced new rules on the use of data for marketing. These rules update CAP’s ‘Database Practice’ rules (contained in Section 10 of the CAP Code) to remove “pure data protection matters” and deal with matters that stakeholders would reasonably expect the UK advertising regulator to cover.

The remaining rules have been revised to ensure that they reflect the standards contained in the EU General Data Protection Regulation (the GDPR).

Here are five key points to bear in mind to ensure compliance with the new rules:

  1. Make sure you know which legal basis for processing that you are relying on: for most marketing, this will be consent or legitimate interest. See rule 10.5.
  2. Where you rely on consent, make sure you have obtained consent that is unambiguous and has been actively given – the easiest way to do this is usually with an opt-in tick box.
  3. When marketing by electronic mail make sure you have obtained consent, unless you have obtained the contact details from a previous sale and are marketing a similar product. See rule 10.6.
  4. When collecting data for marketing purposes, make sure you have provided consumers with all the information that you are required to. See rule 10.2.
  5. Where you are processing data for marketing, make sure you give consumers a clear and easy way of asking for marketing to be stopped. See rules 10.12 and 10.13.

CAP has removed its rules on online behavioural advertising (OBA – previously contained in Appendix 3 of the CAP Code) and complaints about online behavioural advertising will now be dealt with under Section 10.

CAP is carrying out further consultation on two specific issues identified during its work in this area: the age at which consent to marketing can be given by children and the basis for publishing the personal data of ‘prizewinners’ (a requirement under rule 8.28.5 that is still currently ‘on-hold’).

For advice related to specific non-broadcast marketing, please contact CAP’s Copy Advice Team.

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