We all know the rules…

… but what about when they change!

Our daily lives are filled with rules, and that’s totally understandable.

Rules guide us in everything we do – from where we live, to when we shop, to what we watch on TV and when.

Without them, it would be complete chaos.

Rules help manage our competing wants and needs, ensuring that we all get a fair go.

For example, we can’t all just go around a roundabout whenever we feel like it – there have to be rules to tell us who gets to go first.

Most people accept this, but things can get a bit tricky when the rules change – even if it’s just a temporary one.

This happened to me – I didn’t put my recycling out on the correct day.

It was a bank holiday, and therefore the collection would be a day later.

However, they collected it as usual!

We had a leaflet on our fridge that explained the change, but I suppose I just had it in my head it would be the following day.

Thankfully, we only missed one bin, and it was only 25% full anyway.

Changes to rules happen all the time, and most of them are sensible updates that improve things.

But do you always know when the rules change?

For instance, do you know about any recent or upcoming changes to marketing and advertising laws?

Well, you don’t have to if you have someone who knows these things.

Next time…

… we’ll get a mixer

My husband and I absolutely love gardening and we have a passion for growing our own fruit and vegetables every year.

We take pride in our vegetable beds and ensure we rotate our crops to keep them healthy.

We had noticed the wood surrounds of our beds were starting to break down after years of use and were under attack from the wildlife!

To fix this, we decided to have bricks laid around them.

We had someone start the job but unfortunately, he had to stop due to a shoulder injury that required surgery.

We waited patiently, but with no signs of him returning any time soon, we decided to take matters into our own hands and tackle the project ourselves.

We were able to finish one bed and a quarter of another by the end of the second day, but mixing the cement turned out to be quite a challenge.

Turning over the concrete, sand and water was heavy work, which meant we could only manage 2 mixes per day, limiting progress.

We needed to find someone with a cement mixer!

Having the right equipment for the job is essential and that includes the right knowledge and experience.

So if you have some bricks that need laying, don’t ask me.

But if you need help with those tricky marketing and advertising questions, you’re in the right place.

I did wonder…

… Simba or Slumberland?

One of the great things about working from home is watching the wildlife from the window.

The other day, I got totally caught up in watching these two jackdaws on my front lawn.

They were a couple for sure, and they were picking through the grass and flowers, collecting some stuff and tossing others aside. It was like they were asking each other’s opinions on what they found.

Then they started flying back and forth with twigs and flowers – I soon realised they were building a nest!

Later, I saw them in a corner of my garden, pulling at the ground and getting all excited.

And guess what?

They had found some moss! I guess they wanted to make the nest extra cosy and warm for their future babies – a mossy mattress.

The jackdaws were able to find what they needed close to hand.

However, when it comes to finding legal advice on the wonderful world of marketing and advertising compliance, you don’t have to look far, as I’m here to help.

When a sale piece…

… is not a sale price!

You may remember that I went to London to run some training for a client.

Well, while I was there, I had some free time and decided to check out the stalls in a busy underground station.

The stalls sold many different products and the one I sat nearest to was selling mops.

The trader showed the mop in action on the station floor, and as he mopped he described the qualities of the product finishing with the price.

The first time: “We have a special offer today – 50% off”

Then about 10 minutes later I heard: “Special offer this week – 50 % off”

And then 10 minutes later: “Special offer forever – 50 % off!”

This made me pay more attention to his pitch.

He really knew how to pull in potential customers on their way through the station, all stopping to watch him.

However, he was likely breaking some rules when it comes to pricing, something he probably knew nothing about.

Having been a lawyer for Which? in a previous life, this issue jumped out at me.

Pricing has its own set of rules of which many sellers are unaware.

They can be difficult to get your head around and can cause problems for a brand if they get it wrong.

You see, in this case, if a product is on sale for a long time, the sale price becomes the standard price, and it’s no longer a bargain.

This could cause a headache for the seller if someone complains to the ASA, as they could rule against the ad and even refer it to trading standards for legal action.

I don’t think this trader has too much to worry about since the concourse was so busy, but it’s always good to remember that the marketing and advertising rules are far reaching.

I’d know that voice anyway…

… spent 4 years listening to it!

As you know I went to London for the first time in 3.5 years to run some training for a client.

On the station platform, at an earlier hour than I’m used to ?, I was watching my fellow travellers prepare themselves for the journey.

Then, to my surprise, I heard a familiar voice passing by. It was Michael, a former district council colleague of mine from over a decade ago.

Being a councillor was an interesting part of my life. I learned a lot, especially about representing a large group of people with differing opinions without compromising my own values and beliefs.

Michael was always there to help me navigate the ins and outs of the council, dealing with the many demands on my time and sanity, and making it an easier and more rewarding experience.

He is still a councillor but wasn’t on council business that morning. Instead, he was taking a break with the local Rotary Club in Amsterdam. I hope they had good weather! Having someone with a wealth of knowledge and experience to turn to is so important when you’re new to something or facing a difficult issue.

Some interesting proposals…

… but a long way to go.

You’re probably aware that there is a new Bill going through Parliament regarding changes to personal data in the UK. The catchy UK Data Protection and Digital Information (No2) Bill has just had its second reading in the House of Commons, so still has a long way to go.

Here are some highlights.

A new concept is being introduced ‘identifiable living individual’, which means that someone can only be considered ‘identifiable’ from the data if those who are handling the data have the means to actually identify them.

DPOs are set to go. Instead, a Senior Responsible Individual (SRI) who is accountable for data protection compliance will need to be appointed if you’re a public authority or carry out ‘high risk’ processing. This person will need to be part of your senior management team.

An interesting move is the concept of ‘recognised’ legitimate interests. This means that you won’t need to do a balancing test for certain things like national security or preventing crime. But for other things, unfortunately including direct marketing, the test is still required.

Good news for non-commercial organisations! They will be able to use the soft opt-in exemption for direct marketing, even for their charitable or political work. But the recipient still has to be able to say no easily.

They’re also changing the rules about cookies. There will be more categories where they don’t need to ask for permission, for example, website analytics.

Finally, fines under PECR will be increased to match the UK GDPR, which means the ICO could issue fines of up to around £17 million or 4% of a business’s global turnover.

PS. Don’t worry too much about this; a lot could change before the bill goes anywhere near the statute books. It appears to be good news for most businesses, but we will have to wait and see.

1264 days since…

… I have not missed it!

I did something this week that I’ve not done for 1264 days give or take a few. I went on a train!

I was heading into the capital to run a training session for a client so I had to brave the railways.

I never really enjoyed going into the office, especially because of the crowded trains and the underground. I even started walking to the office near Oxford Street to avoid feeling like a sardine in a can!

Anyway, I found myself on a train to London, standing as usual – nothing’s changed.

As we arrived at King’s Cross, I was standing by the door. We came to a standstill and that beeping sound started indicating the doors could be opened.

Suddenly I realised everyone in the carriage was staring at me. After what felt like an eternity, the guy standing next to me pointed out that I had the open button right beside me!

I felt so embarrassed and muttered that I hadn’t been on a train for 3.5 years. I’d forgotten train “etiquette”!

But this can happen to all of us. If you don’t do something for a while, the “how” just fades away from your memory.

It’s not difficult to do…

…especially with expert help

Are you frustrating your potential clients/customers?

One of the most common complaints I hear people say is that companies fail to tell their customers what they do with their data, and this really affects the trust they have in businesses.

It’s not difficult to tell people this information – a privacy policy on your website, written in simple terms is all you need.

Here are some key points to keep in mind:

Who’s using the data: You should be clear about who you are and how you can be contacted.

Why the data is being used: You should tell them why you need the data, i.e. to deal with their order.

What data is being used: Be clear about the types of data you are using, especially important if you use special category data like health information for example.

How long will it be kept: Explain how long you’ll keep the data, or if there isn’t a set timeframe, how you will decide how long to keep it.

Who will it be shared with: Will you share the data with 3rd parties, and if so why? Will it be sent outside the UK?

Rights: Customers have the right, amongst others, to see, correct, delete, or limit the use of their personal data.

It is really just a case of being open and transparent about the use of somebody else’s personal data, which makes you more trustworthy and therefore someone to do business with.

Small pubs hit again

Just another hurdle for NI publicans

I told you about my dream of running a pub many moons ago.

it can be tough to balance that with raising a family, and even now with my kids grown up, there are still challenges. And with the pandemic and rising living costs, it’s only getting harder.

And to make matters worse, if you are in Northern Ireland, a law has come into force that makes things even more difficult for pub owners.

It is now illegal to offer loyalty points on alcohol or allow those points to be used to buy alcohol It’s supposed to address alcohol-related issues, but it’s affecting small pubs and restaurants that rely on local support to stay afloat.

This doesn’t just affect supermarkets, but also pubs and restaurants, which is bad news for many pubs, especially those that are run by families in small villages.

Loyalty schemes were introduced to give back to the customers who support their local pub. They were never meant to encourage excessive drinking but rather to create a sense of community.

Unfortunately, the law has unintended consequences that the government didn’t see or appreciate.

And this is also true when it comes to all the rules governing your marketing and advertising. These can apply in different ways depending on who you are and what you do.

So if you need any common sense legal help with this, you know whom to ask. ?

Well, I’m off for a well-deserved glass of red. ?

Kennel maid! ?

I love dogs but…

I was chatting with a friend the other day and we got onto the topic of education in schools.

There’s been criticism for years that schools aren’t doing enough to prepare young people for the working world.

Even though governments have promised to make changes, it still seems like we’re a long way off.

My friend and I felt schools should teach students some of the skills they’ll need when they go out to work or head off to university.

I know the curriculum is packed already, and many of the subjects are needed, but lessons that show how to manage money for example are also important. I

t was worrying to see how many of my daughters’ uni friends have no idea how to do this, and the trouble this has caused.

That’s why I made sure to teach my girls about budgeting from a young age – I helped them set up bank accounts and gave them pocket money in exchange for doing a few chores.

Before they headed off to uni we set them up budgeting software to make it easier for them to manage their money.

This way, they could keep track of what they were spending and make sure they had enough cash for the important things.

I do think schools should take on some of the responsibility for teaching non-academic subjects like budgeting, although I know there’s an argument that this should be left up to parents.

Perhaps it’s a job for both.

(I titled this “Kennel maid” – this was what, at the age of 14, the careers advisor at school told me I should be! This sums up my school experience ?)