Published On:Friday, April 7, 2017
Proposed changes to the law about direct marketing by electronic methods were published earlier this year by the European Commission. The next step is for the European Parliament and the European Council to each review the draft and form their own view on what it should say, before coming together around the end of this year to negotiate the final text.
The intention is that the new e-privacy Regulation will come into force in tandem with the GDPR (i.e. 25 May 2018). Information, and a copy of the draft e-privacy Regulation, can be found on the European Commission's Digital Single Market page.
The UK Information Commissioner's Office has recently published a blog explaining the current position. Some of the headline changes identified by the UK ICO are:
- It tightens the rules on marketing, with the default position being that all marketing to individuals by phone, text or email must be opt-in.
- It incorporates the GDPR’s two-tier system of fines of up to €20 million, or 4% of worldwide turnover, for breaches of some parts of the Regulation.
- It would apply to organisations based anywhere in the world if they provide services to people in the EU.
Businesses in the Island utilising electronic direct marketing methods themselves, or via affiliate marketers, should follow the progress of this new Regulation, particularly the stricter rules around consent.
Existing guidance about direct marketing is available on the website at: https://www.inforights.im/information-centre/direct-marketing/