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1stBase
operates within the terms of the Data Protection Act. The key requirements
of this law are that data is up-to-date and is checked regularly
and that people's rights to privacy are respected. To comply with
the DPA and as Best Practice, 1stBase updates all sector
data on a six-monthly cycle by direct primary research. In compliance
with the DPA, MPS and TPS, opt-outs are immediately removed and
recorded.
1stBase
clients have a responsibility in law as follows:
- Send
or initiate business communications only - no personal matters.
- Identify
yourself clearly eg telephone introduction, return address on
mailing.
- Ensure
there is an opt-out option on any communication - mail, email
or telephone.
- Do
not use out-of-date data. 12 months is an accepted limit in age
without update.
- Understand
your responsibilities in law. If you are unsure, consult
a 1stBase Consultant.
Data
Protection Act (DPA):
-
Most companies, except non-profit, must register with the Office
of the Information Commissioner. This process is called notification
and costs £35. For more information on whether your company
need register, visit www.dataprotection.gov.uk
-
The DPA covers all forms of data: manual (paper) records, computerised
records, recorded and video data.
-
When companies collect data from organisations, they must communicate
the purpose of the information.
- Data
must be held for specific and lawful purpose and not be processed
in an incompatible manner.
- The
amount and detail of data held must not be excessive for those
purposes.
- Anyone
can ask for a copy of the information that you hold on them.
- All
data subjects have the right to opt-out of being marketed to.
- ALL
marketing information should therefore have an opt-out clause.
- E-mail
addresses are regarded as personal data.
- All
data must be securely stored.
Directive
on Privacy and Electronic Communication (DPEC):
The DPEC
was implemented in 2003 and states that an opt-in approach must
be used when marketing to "natural persons" (private individuals
and small traders) except where there is an existing customer relationship.
A corresponding opt-out approach exists for corporate subscribers.
E-Commerce
Directive:
The Regulations relate to commercial e-commerce communications and
include a requirement that :
-
unsolicited commercial email should be easily identifiable on
receipt
- unsolicited
commercial email should enable automatic deletion/filtering
- websites
should have full postal and telephone contact details.
The
Telecommunications (Data Protection and Privacy) (Direct Marketing)
Regulations 1998:
The act relates to both Telephone and Fax Marketing. It requires
that companies using fax broadcasting as a marketing medium must
comply with strict regulations. The four main points of legislation
are:
- Sole
Traders and Partners: 'natural persons' (see above) must not be
faxed without attaining their permission first.
- All
fax marketers must check fax databases against the FPS (Fax Preference
Service).
-
All fax broadcasters must maintain their own suppression database,
consisting of opt-out companies.
- The
fax marketing document must either contain a company address or
a free form of response.
The
act also enables individuals and corporate bodies to opt-out of
any direct marketing calls via TPS or CTPS (Telephone Preference
Service or Corporate TPS). It is illegal to telephone-market any
number on TPS lists unless a prior customer relationship exists.
Mail
Preference Service (MPS):
MPS (Mailing Preference Service) is a centralised body, funded by
the direct mail industry to enable consumers to have their names
and home addresses in the UK removed from or added to lists used
by the industry.
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