The UK's Committee of Advertising Practice ("CAP") has announced an amendment to the UK Advertising Code ("CAP Code"), to include new rules on the use of data for marketing. The new rules, which take immediate effect, have been introduced following public consultation in order to ensure that they cover data protection issues most relevant to marketing and that they are aligned with the GDPR standards.
The amendments relate to Section 10 of the CAP Code, which regulates the use of data for direct marketing, and to Appendix 3, which includes rules on transparency and the control of data collected, which is used for the purpose of delivering adverts according to the users' browsing behaviour.
The key changes to the CAP Code are:
- The amendment added and revised several definitions in section 10, such as the definition of consent, personal data, special categories of personal data and controllers.
- The amendment added, inter alia, the following rules under section 10:
- Marketers must not make persistent and unwanted marketing communications by telephone, fax, e-mail, or other remote media;
- When collecting consumers' personal data, marketers must provide consumers with some information, such as the identity and contact details of the marketer, the purposes and legal basis for the collection and the recipients or categories of recipients of the personal data;
- Where marketers intend to further process personal data for a purpose other than initially intended, they must ensure the new purpose is compatible with the original purpose and provide consumers with information, such as by further privacy notice; and
- Marketers must obtain prior consent from consumers before processing their personal data in order to send marketing communication, or be able to demonstrate that the processing is necessary for the purpose of their, or a third party's, legitimate interest. Said legitimate interest may not override fundamental rights and freedoms of the consumers.
- The amendment has removed the rules regarding data security and transfer outside of the European Economic Area (EEA), access to data, persistent and unwanted marketing communication, publicly available information and the nature of personal information and retention from Section 10.
- The amendment has also removed Appendix 3, which was related to online behavioural advertising, as this subject is now dealt under the new section 10.
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