The Information Commissioner’s Office has recently published updated guidance for those who engage in digital marketing at the same time dubbing Swansea the ‘UK cold call capital’ following the levying of further fines on companies based there. Alongside recent criticism of charitable organisations, this area remains a high profile area where businesses can have difficulties and face fines if they get their approach wrong.
The Privacy and Electronic Communications Regulations apply across all sectors with the ICO taking a view not to offer different strands of guidance to avoid confusion. Whatever industry you operate in, it remains vital to ensure your electronic marketing is sent to those who have provided freely-given consent to that marketing. Where consent has not been obtained the ICO have the power to place significant fines.
With these fines often reaching six figures, businesses, and anyone else marketing to individuals, need to get electronic marketing right from the outset rather than face uncertainty, negative publicity and/or financial penalties. As the ICO says, reading the guidance is far cheaper than fines for getting your marketing wrong, so time spent reviewing the new guidance and ensuring compliance is time well spent.