May 16, 2018

CAP explains that the changes are intended to ensure that its rules cover data protection issues most relevant to marketing and that they are aligned with the new standards introduced by the General Data Protection Regulation.

CAP’s regulation of data protection issues is carried out under two sets of rules in the CAP Code: section 10 (Database practice) and Appendix 3 (Online behavioural advertising). Section 10 regulates the use of data for direct marketing generally, while Appendix 3 regulates the use of web viewing behaviour data to serve online display advertising.

CAP says that the GDPR, which becomes effective on 25 May 2018, provides “an opportunity for CAP to consider its regulation of data protection matters, both in terms of the types of issues it regulates and ensuring that its rules align with the standards imposed by the GDPR”.

After informal pre-consultation with the Information Commissioner’s Office, CAP has developed its proposals for consultation, which can be summarised as:

• proposals for the removal of section 10 rules relating to “pure data protection matters” which do not relate specifically to marketing, and which CAP considers do not attract an expectation of regulation by an advertising regulator;
• proposals for the amendment of marketing-related section 10 rules (and definitions) to ensure that they are aligned with the GDPR; and
• a proposal to remove Appendix 3 (Online behavioural advertising) of the CAP Code and deal with OBA under section 10.

The consultation closes at 5pm on 19 June 2018.

Importantly, CAP says that from 25 May 2018, when the GDPR is enforceable, until CAP introduces new rules, the ASA will not administer the existing rules in section 10 and Appendix 3 of the CAP Code. If the ASA receives complaints during this time, it will make advertisers aware of the complaint and issues raised, and ensure that they are aware that they must be complying with the GDPR. To access the consultation, click here.