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Data (Use and Access) Bill pre-Christmas update 13th January, 2025

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carefully to arguments for change in this area and will consider the points raised, but I ask that the amendment be withdrawn while we consider its potential impact further.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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Data (Use & Access) Bill 2nd Reading Summary 13th January, 2025

On 19th November, Peers in the House of Lords held the Second Reading of the Data (Use & Access) Bill. This stage is an opportunity for Peers to highlight issues they think should be considered going forward. The next stage at committee will review and propose substantive amendments to the Bill. You can see the full timeline for the Bill’s passing here.

Below is a summary of the key points relevant to the Data and Marketing Industry and on which the DMA has been working with UK government ministers, Peers, and industry to develop.

Key points from Data (Use and Access) Bill Debate – House of Lords, 19 November 2024

GDPR Codes of Conduct

• Baroness Jones of Whitchurch (Lab)

• Highlighted provisions in the Bill encouraging the development of GDPR-compliant codes of conduct for specific industries, facilitating clearer compliance pathways for SMEs.

• Related Bill Sections: Part 5, Clauses 82-83.

• Lord Thomas of Cwmgiedd (CB)

• Stressed the importance of ensuring that codes of conduct are robustly monitored and enforced, with penalties for breaches.

• Related Bill Sections: Part 5, Clause 93.

Accountability Framework in GDPR

• Lord Stevenson of Balmacara (Lab)

• Argued that the Bill should strengthen the accountability framework in GDPR by mandating regular audits for data processors and controllers handling high-risk data.

• Related Bill Sections: Part 5, Clause 90.

• Baroness Kidron (CB)

• Criticized the perceived softening of accountability measures, particularly for organizations relying on automated decision-making.

• Related Bill Sections: Part 5, Clause 80.

Exemptions to Consent for Cookies

• Baroness Jones of Whitchurch (Lab)

• Supported simplified rules for cookie consent, particularly for low-risk use cases like service improvement, to reduce unnecessary user friction.

• Related Bill Sections: Part 5, Chapter 2, Clause 111.

• Viscount Colville of Culross (CB)

• Warned that exemptions to consent for cookies must be narrowly defined to avoid abuses by ad-tech companies, especially in targeted marketing.

• Related Bill Sections: Part 5, Chapter 2, Clause 111.

Definition of Direct Marketing

• Baroness Jones of Whitchurch (Lab)

• Highlighted updates to the definition of direct marketing to ensure it encompasses modern advertising practices, including targeted digital ads and AI-driven personalization.

• Related Bill Sections: Part 5, Chapter 2, Clause 108.

• Lord Vaux of Harrowden (CB)

• Called for additional clarity on the scope of “direct marketing,” particularly where it overlaps with legitimate interest clauses in GDPR.

• Related Bill Sections: Part 5, Clause 70, and Chapter 2, Clause 108.

Data Privacy Protections (general)

• Baroness Kidron (CB)

• Criticized the weakening of privacy protections for vulnerable groups, including children.

• Emphasized risks posed by automated decision-making to individual privacy rights.

• Related Bill Sections: Part 5, Clause 80, and Schedule 6.

• Lord Arbuthnot of Edrom (Con)

• Cautioned about the reliability of digital verification services and their implications for data privacy if improperly governed.

• Related Bill Sections: Part 2, Clauses 27-44.

Charities and the ‘Soft Opt-In’

• Baroness Jones of Whitchurch (Lab)

• Supported the introduction of “soft opt-in” provisions for charities, enabling them to contact existing supporters more efficiently while maintaining clear opt-out mechanisms.

• Related Bill Sections: Part 5, Chapter 2, Clause 108.

Data Economy

• Baroness Jones of Whitchurch (Lab)

• Highlighted the £10 billion economic boost anticipated over a decade through enhanced data-sharing frameworks.

• Related Bill Sections: Part 1, Clauses 1-13.

• Lord Thomas of Cwmgiedd (CB)

• Raised concerns about balancing economic benefits with regulatory burdens on SMEs.

• Related Bill Sections: Part 1, Clause 11.

Artificial Intelligence (AI)

• Baroness Kidron (CB)

• Expressed concerns about AI-driven data use, particularly scraping and algorithmic bias, and advocated for stronger protections against misuse.

• Related Bill Sections: Part 5, Clauses 80, 84.

• Lord Bethell (Con)

• Urged immediate measures to address AI-generated harmful content and improve safeguards for personal data used in AI systems.

• Related Bill Sections: Part 7, Clause 123.

Consumer Protection

• Lord Markham (Con)

• Stressed the need for simplified frameworks to protect consumers without overburdening businesses.

• Related Bill Sections: Part 1, Clauses 2-4.

ICO Modernisation and Restructuring

• Baroness Jones of Whitchurch (Lab)

• Supported modernizing the Information Commissioner’s Office (ICO) into a more proactive entity with expanded enforcement powers.

• Related Bill Sections: Part 6, Clauses 115-118.

• Lord Stevenson of Balmacara (Lab)

• Called for enhanced ICO powers to address emerging challenges in AI and international data transfers.

• Related Bill Sections: Part 5, Clause 95.

EU Data Adequacy

• Lord Vaux of Harrowden (CB)

• Sought reassurances on the impact of the Bill on the UK’s EU data adequacy status.

• Related Bill Sections: Part 5, Clause 84.

• Baroness Jones of Whitchurch (Lab)

• Reaffirmed the government’s commitment to maintaining alignment with EU standards to avoid disruption in data flows.

• Related Bill Sections: Part 5, Clauses 66, 84.

Scientific Research and Technology Development

• Baroness Kidron (CB)

• Welcomed the improved researcher access provisions but expressed concerns about insufficient safeguards for secondary use of sensitive data.

• Highlighted risks of exploitation of NHS data for non-research purposes, urging the government to establish clear boundaries between scientific research and commercial interests.

• Related Bill Sections: Part 5, Clauses 67-69, and Clause 85.

• Lord Bethell (Con)

• Emphasized the critical role of data in advancing health technology, urging clear guidelines on anonymization and secure sharing for legitimate research purposes.

• Related Bill Sections: Part 5, Clauses 68-69.

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DMA announces new CEO 13th January, 2025

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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