0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Play your cards right with the ICO

11 November 2016

The Information Commissioner’s Office (ICO) has, for some time, been investigating the affiliate marketing industry. The ICO has taken enforcement action against companies for alleged breaches of the Privacy and Electronic Communications Regulations and has issued a number of significant fines.

The ICO has announced that it is now targeting more than 400 companies believed by it to be using people’s personal details to promote online gambling websites. The regulator has stated that it is “writing to companies demanding they set out how they use people’s personal details and send marketing texts. This includes where they got people’s personal information from and how many texts they sent”.

The ICO has statutory powers to require companies to provide information. More often, it will ask businesses to voluntarily answer its questions.

A company receiving a 'demand' for information from the ICO would be well advised to consider obtaining specialist legal advice on its rights and obligations before responding substantively.

Related opinions

Relief for landlords as the Court of Appeal confirms that leases have been validly contracted out

One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.

View blog

Summary judgment stayed where part 26A restructuring plan pending

Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.

View blog

Landlords’ claims for summary judgment for ‘Covid’ rent arrears succeed (again)

A landlord’s claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.

View blog

The High Court offers no comfort for beleaguered retailers

Whilst this decision may not be surprising, it will undoubtedly send a chill down the spine of retailers in a similar position to The Fragrance Shop.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up