Manual helps direct marketers avoid legal pitfalls

LONDON – A manual on the Data Protection Act 1998 and privacy legislation has been launched to address some of the practical issues marketers face.

'The New Data Protection Liabilities and Risks for Direct Marketers' has been written by Rosemary Smith, the managing director of RSA Direct, and Jenny Mosely, the chairwoman of Jenny Moseley Marketing.

Smith claims marketers are risking millions of pounds by collecting information without a real understanding of the regulations.

"Data is only a corporate asset if it is compliant with the law. The potential brand damage which can be caused by inappropriate data collection and management is significant," she said.

Designed to interpret the guidance from the Direct Marketing Association, the manual offers scripted opt-out statements and standard contracts for processing and commentary on guidance from the Information Commissioner's Office, supplied in cases where interpretation is still unclear.

Moseley added: "The rules on email and mobile data are new and very complex. These regulations have to be turned into statements that will collect data with the maximum level of permission. The manual is designed to take marketers through the process and points out the possible pitfalls."

The book comes as the information commissioner, Richard Thomas, plans to step up enforcement of legislation.

In the Privacy and Electronic Communications Regulations report, Thomas said he would be "making it easier [to comply] for the majority of organisations who seek to handle personal information well, and tougher for the minority who do not".

The manual, published by Forum Business Media, has a cover price of £149, plus postage and packaging. It will be updated quarterly.

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