So we’ve covered who the ICO is and what they do, so let look at why it is important to be aware of why you need to follow the rules.
If the ICO receive a complaint about your use of personal data, it will be the start of a long process of investigation by them into your marketing activities.
They will ask you for general information of data protection practices, and then specific ones on the marketing communication in question.
This can be a very difficult time, and you may have many concerns about the investigation and where this is going.
And you should be worried.
Why?
The ICO, in my opinion, is not out to fine everyone large sums. Unlike some of their European counterparts, they are not funded from the penalties they impose. They want to educate organisations about the rules and how to comply.
However, that does not mean they will not be tough when they have to. They take their responsibilities as regulator seriously.
If a company has caused a serious and clear breach of the rules, they will take enforcement action.
And failing to engage with the ICO can increase the seriousness of that action.
As mentioned, unlike the ASA, the ICO does have the power to fine…
… up to £17.5 million or 4% of your annual worldwide turnover, whichever is the biggest!
To date fines have been nowhere near these figures, but there is the potential for this to happen.
So my advice is simple: don’t appear on the ICO’s radar!
Ask for help before it gets this far.
Well, that’s the end of this little series. Keep reading further blog posts for all things advertising and marketing law related.