Germany's opt-in law - could it happen in the UK?

by Noelle McElhatton, marketingdirectmag.co.uk 05-Aug-09, 12:09

OPINION - Germany's new consumer opt-in law is about to take effect, severely curtailing direct mail and the data selling sector in what is Europe's single biggest DM market. We asked industry spokespeople what they think the fall out will be - for German and UK direct marketing.

Q: Now that one EU country has opt-in, are the EU or UK authorities likely to seek the same for the other EU member states or the UK?

NO
Robert Mayes, communications director, Rapp

"Ironically I think we’re further away from opt-in than we have been for a long time. The Labour government is in a total mess and is highly unlikely to do anything to annoy business especially in the midst of a recession.

"So while the threat of opt-in is still hanging over us, it’s highly unlikely with this government.

"A general election will result in a Conservative government in all likelihood and the indications I’m getting is that they will not impose opt-in. My understanding is that the Conservative waste strategy being put to the Shadow Cabinet does not include opt-in but rather self-regulation. Conservative governments traditionally have been more in favour of self-regulation and being business friendly."

YES
Susan Singleton, principal solicitor at Singletons Solicitors
"There are concerns that now Germany has gone down this route, it may seek to persuade the European Commission to change the law in the EU data protection directive to opt-in.

"Germany is allowed to have stricter local laws than the EU data protection directive provides as that directive is what is known as "minimum harmonisation". More recent directives comprise "maximum harmonisation" which means EU states are not allowed stricter laws."

Q: What will the effect of an opt-in law be on direct marketing, here or in Germany?

Ruaraidh Thomas, director, Lateral Group
"Any kind of proposal like this is interesting because it tends to come from people who don’t understand that consumers don’t necessarily go looking for offers, and when they receive direct mail, they like it. So an opt-in law like this will stop that kind of marketing.

"That said, to encourage a brand to engage with the people they are keen to talk to – be they prospects or existing customers – is not the end of the world. Consumers will opt in any way if you’re giving something they want. It’s an overused phrase but it is all about engagement."

Steve Denby, CEO, JaywingDMG
"It will curtail general marketing. So the key for German direct marketers will be to do less general mail and more targeted campaigns using segmentation and insight.

"It’s also about being more creative to get people to opt in. The key to this is using any digital direct channels to get people to opt-in. Another key would be to get people to opt-in for specific types of sector mailing rather than general purposes.

"I would say [the German opt-in law is] the first step to European-wide legislation. But in the UK it will be a long drawn out process and will be fought every step of the way."