Direct Marketing Commission - Enforcing Higher Industry Standards

The campaign for charities’ email soft opt-in: an update from the House of Lords

On 16 December, the Lords Grand Committee debated an amendment proposed by the DMA on behalf of charities. The amendment, introduced by Lord Clement-Jones and supported by Baroness Dido Harding and Lord Guy Black, aims to extend the email ‘soft opt-in’ to charitable fundraising communications.

Making the case for the amendment

The Committee Stage of the legislative process allows for amendments to be introduced, debated, and examined in detail. It’s an opportunity to test the Government’s position and encourage revisions to the Bill before it reaches Report Stage and, eventually, Third Reading. Should the Government not incorporate widely supported changes, amendments can be re-tabled at Third Reading and potentially put to a vote.

Lord Clement-Jones presented the case clearly:
“This amendment would enable charities to communicate with donors in the same way that businesses have been able to communicate with customers since 2003. The clause will help to facilitate greater fundraising and support the important work that charities do for society.”

He went on to reference a joint letter, coordinated by the DMA and signed by nearly 20 major charities, sent to Secretary of State Peter Kyle on 25 November. The letter emphasised the potential impact of the extension:
“The DMA estimates that extending the soft opt-in to charities would increase annual donations in the UK by £290 million, based on analysis of 13.1 million donors by the Salocin Group.”

Baroness Harding also expressed support for the amendment, with further endorsement from Lord Camrose, who leads the Conservative opposition to the Data Protection and Digital Information (No.2) Bill. He stressed the importance of reducing barriers to fundraising communications, noting that “many charities rely on donations from the public.”

Government response and ongoing assessment

Responding for the Government, Baroness Jones offered a measured reply:
“We are listening carefully to arguments for change in this area and will consider the points raised, but I ask that the amendment be withdrawn while we consider its potential impact further. We are happy to have further discussions on that.”

The DMA can confirm that the Government, with input from officials at the Department for Science, Innovation and Technology (DSIT), is currently conducting an impact assessment of this proposed extension, supported by the DMA and Wood for the Trees.

Some small pushback

At the close of the debate, Baroness Stowell, a former Chair of the Charity Commission, sounded a more cautious note:
“People have an expectation of charities that differs from what they would expect by way of marketing from businesses. In considering this amendment, therefore, I urge the Minister to think carefully before deciding what action the Government should take.”

Al DMA members would agree that successful fundraising requires great care and specific skills, but that is true of marketing to any specific category of product or service from financial services, to automotive to grocery to healthcare: in each product or service category customers have specific needs, concerns, preferences, passions that determine the approach marketers should take within a category.

Looking ahead

The DMA’s campaign to secure this soft opt-in for charities will continue discreetly over the coming weeks and into January. We remain cautiously optimistic that the Government will include an appropriate amendment at Report Stage. This is a crucial phase, given the composition of the Lords:

• Conservative: 273
• Labour: 187
• Crossbench: 184
• Liberal Democrat: 78
• Non-affiliated: 43
• Bishops: 25
• Others: 14
• Lord Speaker: 1

The DMA will continue to build coalitions, collaborate with departmental officials, and provide further updates as the situation unfolds.

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Rachel Aldighieri will lead the growth of the UK’s leading trade association for data-driven marketing as the UK enters a new era of its digital evolution, with outgoing CEO Chris Combemale assuming role of public affairs director to support the UK’s legislative agenda

3rd December 2024 – The new CEO of the Data & Marketing Association (DMA UK) has today reaffirmed her commitment to championing growth, effectiveness and trust across the marketing industry, as she sets out her vision to support the evolution of more ethical, diverse, creative, and innovative organisations through data-driven marketing.

Rachel Aldighieri, who has held the role of Managing Director at the DMA for nearly a decade, will take over from current CEO Chris Combemale, who will assume the role of public affairs director after more than 15 years at the helm, on 1st January 2025.

As the UK enters a new era of its digital evolution, AI, technology and data are at the heart of the government’s agenda for growth. Meanwhile, legislative and ethical frameworks continue to evolve at rapid speed, and the marketing industry’s role in driving business growth is under the spotlight like never before. In response, Aldighieri says the DMA has a key role to play in professionalising the industry, helping both private and public sector organisations tackle digital transformation and navigate the challenges that come with a constantly changing world.

“In times of regulatory change, the importance of trade bodies cannot be understated,” commented Aldighieri. “As the voice of the data and marketing industry, run by the industry for the industry, we are committed to championing growth, effectiveness and trust across the sector, and setting high standards to give marketers a strategic voice in the boardroom. As CEO, I will continue to build on the DMA’s empowerment agenda through our proven approach to measurement, upskilling, and customer-first principles to ensure the DMA makes a recognisable difference to marketers by amplifying their voice across industry.”

Uniquely customer-centric, data-focused, and well-equipped to navigate industry challenges, the DMA is the UK’s leading marketing trade body focused on championing the customer. Its trusted role and broad industry influence is underpinned by its commitment to shaping the future of marketing and data usage through the DMA Code, which promotes one-to-one marketing as a true exchange of value between businesses and their customers through five clear principles.

Champions of ‘marketing for good’, spurred on by the belief that marketing can drive a difference to not just businesses but society as a whole, the DMA is customer-first in the way that it educates businesses on how to prioritise their customers while setting standards to enable marketers to do so through the responsible and innovative use of data in marketing. Its Skills Bootcamps and the development of core measurement frameworks help to unlock and maximise opportunities for everyone using data in marketing, while its work to showcase the value of creativity drives home the the benefits that come from marketers embracing brand activity and rejecting short-termism. To celebrate this, the DMA’s annual UK Awards programme is known across the industry for recognising creativity, data, strategy and results-driven work.

“We are proud of the diverse and vibrant community we have built, and want to continue on this strong trajectory,” continued Aldighieri. “As CEO, I see a clear opportunity for the DMA to have an even broader and more positive impact on the economy and wider society by empowering our members, championing data and emerging technologies in a responsible way, and prioritising talent through driving diversity, equity and inclusion.”

Assuming the role of the DMA’s public affairs director, Chris Combemale said: “ As the UK continues the process of its digital evolution, I am delighted to continue to represent the industry in legislative and regulatory affairs in my new role. I remain passionately committed to ensuring the Data (Use and Access) Bill successfully completes its legislative passage and will continue to fight hard to secure amendments that are essential to charities and data providers in our community Shaping the industry’s approach to responsible marketing and influencing the legislative framework during fifteen years of dramatic transformation has been at the heart of my tenure. The dramatic transformation of customer engagement in the digital era has coincided with macro level challenges such as the financial crisis, the pandemic and the cost-of-living crisis, which our industry has navigated successfully.”

Chair of the DMA UK, Tony Miller, added: “On behalf of the DMA, I would like to congratulate Rachel on her richly deserved appointment as CEO and put on record my sincere thanks to Chris for his 15 years of service in the role. I look forward to continuing to work closely with both Rachel and Chris as we embrace this next chapter in the DMA’s exciting growth journey.”

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“I firmly believe that ethical data processing practices are not only a legal requirement, but they are also increasingly a commercial imperative with individuals increasingly aware of, and willing to exercise, their rights.” Comments by Chief Commissioner, Emma Martins, following publication of the latest Annual Report (for a shorter six month period 1st July to 31st December 2023).

Further details on complaints, investigations and Emma’s thoughts and thanks to former Chief Commissioner, Amerdeep Somal for “leaving a wonderful legacy and a robust and collegiate Board of Commissioners who continue to serve the DMC with professionalism, independence and integrity” are available in the Report here.

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Emma Martins has been named as the new Chief Commissioner of the Data & Marketing Commission (DMC) – the independent body that oversees and enforces the Data & Marketing (DMA) Code.

Led by the Chief Commissioner, the DMC investigates and adjudicates on reported breaches of the DMA Code by DMA members. The team of commissioners work to ensure responsible and ethical marketing practices are maintained.

Commenting on her appointment, Emma Martins, the new Chief Commissioner of the DMC said: “Over the past 25 years, I have been a strong advocate of ethical data handling, transparency and accountability, so I am delighted to represent an organisation which embodies these values.  I am honoured to lead the DMC into the next stage of its evolution where we continue to work towards becoming an ICO accredited monitoring body, tasked with upholding a GDPR Code of Conduct, which, when approved, will offer more direction to the industry on best practice and resources to support consumer complaints. Ultimately, we are all striving to improve trust in the industry and build a better experience for the customer.”

Emma Martins is an experienced data protection and governance professional, having worked in the regulatory environment for over 25 years. She has been the Data Protection Commissioner at the Office of Data Protection Authority, Bailiwick of Guernsey since 2018. Prior to that, she was Information Commissioner for the Channel Islands between 2012–2018. She was the Data Protection Commissioner of Jersey between 2005–2012.

This appointment comes as Amerdeep Somal steps down as Chief Commissioner after four years with the DMC.

The DMC Board put on record their appreciation of  Amerdeep Somal’s achievements, saying “We are incredibly grateful for Amerdeep’s dedication, hard work, and guidance throughout a challenging period for our industry and the UK. It is testament to her expertise and leadership qualities that the DMC has gone from strength to strength. The Board is delighted  to welcome Emma Martins as the new Chief Commissioner. Her vast knowledge and experience as a data protection commissioner will be invaluable to the DMC as its remit and responsibilities continue to grow.”

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Data & Marketing Commission announces new Independent Commissioner

Kate Staples has been named as the new Independent Commissioner of the Data & Marketing Commission (DMC) – the industry body that oversees and enforces the DMA Code. 

Led by the Chief Commissioner, Amerdeep Somal, the DMC investigates and adjudicates on reported breaches of the DMA Code by members of the Data & Marketing Association (DMA).  It is also now in the process of becoming a Monitoring Body for the Information Commissioners’ Office following approval of an industry GDPR Code.

The DMC also has a further extended remit in support of the Advertising Standards Authority (ASA) with complaints by consumers in relation to data and in particular Legitimate Interest and related matters.  

The team of Commissioners work to ensure responsible marketing and ethical marketing practices are maintained.

Amerdeep Somal said:

 “I am delighted to welcome Kate to the DMC and the wealth of experience she will bring to the Commission will be of huge importance and benefit at this pivotal stage in our evolution, as we become an independent monitoring body.”

DMC’s new Independent Commissioner  

Kate Staples, an experienced NED and former General Counsel and Secretary to the Civil Aviation Authority, who is due to start her tenure on 1^st March 2023 said:

“I am very pleased to be joining Amerdeep and the team at the DMC. It’s an exciting time for the DMC and DMA and I look forward to making a valuable contribution.”

For further information contact:

Suzi Higman, DMC – suzi.higman@dmcommission.com

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Steve Wood has been named as the new Independent Appeals Commissioner of the Data & Marketing Commission (DMC) – the industry body that oversees and enforces the DMA Code. 

When the DMC concludes that a member is in breach of the DMA Code, a member can appeal against the ruling, or any sanctions imposed.  The Independent Appeals Commissioner will be expected to consider an appeal when lodged by a member company of the DMA or in future by a signatory organisation to the GDPR Code or by a complainant which has had complaints upheld by the DMC.

Steve, whose tenure will commence on 1^st January 2023, is an Independent consultant, researcher & writer who has his own company, PrivacyX Consulting and was former Deputy Commissioner at the Information Commissioner’s Office.  He will be replacing the DMC’s long-standing Appeals Commissioner, John Bridgeman CBE TD DL who is retiring this year.

Led by the Chief Commissioner, Ms Amerdeep Somal, the DMC investigates and adjudicates on reported breaches of the DMA Code by members of the Data & Marketing Association (DMA).  It is also now in the process of becoming a Monitoring Body for the Information Commissioner’s Office following approval of an industry GDPR Code.

The DMC also has a further extended remit in support of the Advertising Standards Authority (ASA) with complaints by consumers in relation to data and in particular Legitimate Interest and related matters.  

Amerdeep Somal stated, “I am delighted to welcome Steve Wood as the new Independent Appeals Commissioner. He brings with him a wealth of knowledge and experience that will be invaluable in his crucial role as the independent Appeal function against decisions made by the DMC. I also sincerely thank John Bridgeman CBE TD DL for his many years of service as the first Independent Appeals Commissioner and I am grateful for his wonderful work legacy.”

For further information contact:

Suzi Higman, DMC – suzi.higman@dmcommission.com

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Richard Thompson has been named as the new Independent Complaints Assessor of the Data & Marketing Commission (DMC) – the industry body that oversees and enforces the DMA Code. 

The Independent Complaints Assessor can consider complaints about the standard of service provided by the DMC.  This covers the practical handling of a case – but not disagreements about its outcome.  There is a separate service for appealing case rulings and sanctions.

Richard is an Executive Director responsible for leading strategic approach and operational delivery of high-volume casework, quality assurance and customer excellence.  He is an accredited commercial mediator with 25 years’ experience in regulation, complaint handling and dispute resolution.  His tenure will commence on 1^st January 2023.

Led by the Chief Commissioner, Amerdeep Somal, the DMC investigates and adjudicates on reported breaches of the DMA Code by members of the Data & Marketing Association (DMA).  It is also now in the process of becoming a Monitoring Body for the Information Commissioner’s Office following approval of an industry GDPR Code.

The DMC also has a further extended remit in support of the Advertising Standards Authority (ASA) with complaints by consumers in relation to data and in particular Legitimate Interest and related matters.  

Amerdeep Somal stated, “I am delighted to welcome Richard Thompson as the first Independent Complaints Assessor to the DMC. He will bring a wealth of experience, knowledge and challenge to the DMC.”

For further information contact:

Suzi Higman, DMC – suzi.higman@dmcommission.com

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Location: London

Approximately 7-10 days p/a

Salary: £5,250 p/a plus reasonable expenses

Closing Date: 1^st December 2022

The Data & Marketing Commission (DMC) is the body which oversees and enforces the Data & Marketing Association (DMA)’s Code.  The Code and DMC are there to give effective protection to recipients, users and practitioners of the data driven marketing sector. It aims to ensure companies observe the highest standards of integrity and trade fairly with their customers and with each other.  This is achieved by investigating complaints and identifying trends in data driven marketing that might raise issues for consumers and the sector. The DMA are looking to appoint a new Independent Commissioner as the current incumbent’s term is due to expire.  The term would be for three years, renewable once. 

Historically the DMC has adjudicated against complaints about DMA members only but it is now in the process of becoming a Monitoring Body for the Information Commissioners’ Office following approval of an industry GDPR Code of Conduct. The DMC also has a further extended remit in support of the Advertising Standards Authority (ASA) with complaints by consumers in relation to data and in particular Legitimate Interest and related matters.  

The Independent Commissioner will need to have experience in a senior strategic role within regulation or governance, and to have a broad understanding of regulatory principles, process and practice.  As a key player in the ongoing development of the new DMC as a Monitoring Body, the Independent Commissioner will need to show demonstrable experience of strategy development, strategic planning, risk and high-performance management, with the ability to scrutinise and monitor at a senior level. It would be desirable for the candidate to have experience in or have the ability to interrogate annual budgets and the ongoing financial management of the DMC.

Duties

The Independent Commissioner will be expected to attend a minimum of four meetings a year held at the DMA’s offices, attend adjudications, and review and process case and other paperwork relating to these meetings as well as assist in the ongoing development of the new DMC.

The Independent Commissioner will also be expected to represent the DMC at DMA meetings and other events and meetings as required.

Qualities

• Sound judgement and analytical skills
• Ability to digest and make good sense of complex cases
• Able to scrutinise and monitor at a senior level
• Ability to understand the legal context in which an adjudication is required
• Ability to work and debate effectively
• To adjudicate, acting objectively

For a full Job Description and how to apply please email dm@dmcommission.com.

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Robert Bond and Gilbert Hill have been named as the two new Industry Commissioners of the Data & Marketing Commission (DMC) – the industry body that oversees and enforces the DMA Code. 

Led by the Chief Commissioner, Amerdeep Somal, the DMC investigates and adjudicates on reported breaches of the DMA Code by members of the Data & Marketing Association (DMA).  It is also now in the process of becoming an Independent Monitoring Body for the Information Commissioners’ Office following approval of an industry GDPR Code.

The DMC also has a further extended remit in support of the Advertising Standards Authority (ASA) with complaints by consumers in relation to data and in particular Legitimate Interest and related matters.  

The team of Commissioners work to ensure responsible marketing and ethical marketing practices are maintained.

Amerdeep Somal stated “I am delighted to welcome Robert and Gilbert to the DMC and the wealth of experience each will bring to the organisation.  I would like to thank Fedelma Good and Charles Ping, our Industry Commissioners, who will shortly be leaving us, having served their terms.  The insight and wisdom they have brought to the DMC has been of immense importance and benefit.”

DMC’s new Industry Commissioners  

Robert Bond, a Solicitor & Notary Public and a Compliance & Ethics Professional who is due to start his tenure on 1^st September said:

“I am honoured and delighted to be appointed as an Industry Commissioner. I will do my best to emulate the high standards set by Fedelma Good and Charles Ping.”

Gilbert, a privacy technologist, speaker and entrepreneur, currently Chief Strategy Officer at Pool Data and commencing his tenure on 1^st December this year said:

“In a time of unprecedented change and opportunity in our industry, the DMC is a highly respected arbiter of responsible marketing and I look forward to helping expand its influence and remit in the  role of Industry Commissioner.”

For further information contact:

Suzi Higman, DMC – suzi.higman@dmcommission.com

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George Kidd, Chief Commissioner:

We are pleased to confirm the DMC will be supporting the ASA in relation to complaints relating to data use and particularly any issues around the legitimate interest grounds that can be referenced under GDPR.  The DMC has years of experience in dealing with issues of data supply chains and the consents or other grounds that will give them the possibility of consulting the DMC as an advisory panel.  This strengthens the self-regulatory arrangements that complement the ICO by helping address consumer concerns quickly and ensure high compliance.

https://www.asa.org.uk/transparency/who-we-are-and-what-we-do.html

(Information on the partnership under Organisations with Whom We Work in Partnership)

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