The Impact of the UK’s Data (Use and Access) Act on Marketing
The UK’s new Data (Use and Access) Act (DUA Act) marks a significant milestone in the country’s data protection landscape, presenting a mix of opportunities and challenges for marketers and potentially reshaping the marketing sector as a whole.
Building upon the foundation laid by the previous Data Protection and Digital Information Bill (DPDI Bill), the DUA Act aims to modernize data protection regulations in response to the ever-evolving digital landscape.
Aligned with its predecessor, the DUA Act aims to strike a balance between safeguarding personal data and fostering growth and innovation, especially crucial as industries like marketing and advertising adapt to the rapid adoption of AI technology.
The Evolution of Legitimate Interest
One of the most significant changes within the DUA Act lies in the incorporation of Recital 47 of the GDPR directly into the main body of the law. This change acknowledges marketing activities as a legitimate interest, providing marketers with greater flexibility in engaging with consumers and reducing the need for repetitive opt-in requests.
By enshrining legitimate interest as a lawful basis for marketing activities, the DUA Act streamlines the process for marketers, allowing them to focus on enhancing consumer interactions rather than administrative tasks.
This new legislation endorses legitimate interest as a legal ground for most marketing activities, offering organizations clarity and flexibility when using data for direct marketing and measurements.
Simplified Cookie Consent
Additionally, the DUA Act aims to simplify cookie consent requirements, potentially permitting the use of analytics cookies without user consent. This change could streamline data collection and analysis processes for marketers.
Unlike the current rules that require an opt-in model for cookies, the Act proposes a more flexible approach, allowing for the collection of certain ‘low risk’ cookies without explicit consent. This move aims to reduce ‘consent fatigue’ and enable marketers to gain valuable insights for targeted marketing campaigns.
The relaxed restrictions on cookie consent could pave the way for greater use of AI and machine learning for marketing automation and personalization, enhancing the overall customer experience.
Competitive Advantage in the Global Market
The divergence in regulatory approaches between the UK and the EU could potentially provide UK marketers with a competitive edge. While the DUA Act emphasizes legitimate interest, the EU leans towards a stricter consent-based framework, offering UK brands more flexibility in their marketing strategies.
This competitive advantage could enable UK businesses to implement more targeted and effective marketing campaigns, driving growth and innovation in a business-friendly environment. However, it is crucial for brands to prioritize transparency and accountability in their data processing activities to build trust with consumers.
With the passage of the DUA Act, UK marketers must proactively prepare for the upcoming changes by reviewing and aligning their data governance practices with the new regulatory framework. Embracing the flexibility of the legislation while upholding data privacy and ethical practices will be key to navigating the evolving marketing landscape.
Sachiko Scheuing is European privacy and AI governance officer at Acxiom.
Explore More
Understanding Your Data Protection Responsibilities – Christian Nellemann provides insights on how businesses can stay compliant with data protection regulations.