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UK: DMA publishes article on use of third party lists for postal marketing, highlights completion of legitimate interest assessments
The Data & Marketing Association ('DMA') published, on 17 September 2020, an article on the ways companies purchasing third party lists for postal marketing can ensure compliance with the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') and the Information Commissioner's Office's ('ICO') draft Direct Marketing Code of Practice ('the Draft Code'), and explains what the rules are on using third party data under legitimate interest. In particular, the article criticises ICO's general recommendation in the Draft Code that consent is 'better' than legitimate interests for marketing activities, and outlines the challenges associated with using third party lists for marketing, namely the lawful basis and the fact that legitimate interest can be used after the completion of the legitimate interest assessment ('LIA'), and the facilitation of the data transfer between the data broker and end-user of the data. In addition, the article recommends ways by which organisations can stay compliant, including conducting LIAs and updating their privacy policies to reflect where they are obtaining this data and the lawful basis for processing the data, along with information on how to opt-out.
You can read the article here.
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