All posts by : janinepaterson

Maybe a good miss!

We all have dreams, don’t we?

One of mine is a long walk with my hound through the fields and woods on a chilly winter day, and then settling down afterwards by a cosy fire in my local hostelry with a glass of Merlot.

Unfortunately, my little hamlet doesn’t have a pub.

But I’m keeping my fingers crossed for the future!

Speaking of pubs, my husband and I once considered going into hospitality.

However, running a business in the hospitality industry is a lot of work and long hours, especially with a family to care for.

And then you add in selling a product like alcohol, which comes with its own set of challenges.

As well as the general advertising rules, there are also those covering age-restricted products and services.

And, no matter how busy you are, you must know the marketing rules and regulations that apply…

… and avoid the consequences of getting it wrong.

The rules are there for a reason, to stop alcohol ads from being seen by those under age.

This is also good business sense, as why waste money advertising to people who can’t legally consume your product?

So, where do you start?

Get to know your ideal customer and understand how they may become aware of you.

If your product is aimed at those in their twenties and early thirties, social media could be an ideal channel to reach them, but for an older demographic, “old fashioned” direct mail or billboards in the right location may be better.

It’s helpful to have someone you can ask for help when things like this seem confusing.

That’s what I do at JP Legal Assist – I help business owners understand what rules they need to follow and what they don’t.

It’s easy to feel overwhelmed, but having an expert to guide you can really help.

… to help you get it right

You’re probably aware of the ICO’s Direct Marketing Guidance, providing insight into the ICO’s view on using personal data for your marketing and advertising efforts.  

It’s had various incarnations since the first in 2016, with the latest version issued in December 2022.

It has remained guidance instead of the expected Code of Practice, due to the proposals to update data protection law following Brexit which are currently going through Parliament, so the ICO has issued the draft Code to assist businesses in understanding their legal obligations now.

The guidance covers the various aspects of a direct marketing campaign, starting with what is direct marketing and why it’s important to comply with the rules.

There is help with using personal data in your marketing, the different types of marketing channels and the rules that apply to them, and the lawful bases that can be used.

Additionally, as lead generation has featured in the work of the ICO, the guidance looks at what you need to do if you either want to collect data to sell for lead gen purposes or you are looking to buy or rent a data list.

Personal data is also used in the planning of marketing campaigns, to find new customers for example, so rules for profiling and updating customer records with information you may not have are covered.

Although there are still a few grey areas, I find the guidance to be helpful, and I’m interested to see the final Code when it is finalised.

It’s not fair!

It’s that time of year again – exam season!

I’ll be overseeing exams at my daughter’s old school and we recently had a meeting to go over any new rules or changes.

Before I started this, I hadn’t realised the number of rules there are.

Most of them seem straightforward, like no phones or other digital devices in the exam hall, and the reasons for these are obvious.

However, some rules seem a little extreme and some might say mean.

No sweets in the exam room.

I remember back to my exam days and I often had a packet of polos to help me fire up those little grey cells. ?

We had an incident during the mocks recently where 2 students had some sweets, and they couldn’t understand the harm in having a small packet to help them concentrate.

They thought we were being mean and making exam time even more traumatic than it already was!

However, when the reasoning behind the rules was explained, all became clear and the situation calmed down.

The rule is there to make sure that students did not have anything on them where crafty hints and tips could be written, so no labels on plastic water bottles and no packets of sweets.

This reminds me of all the rules that we face in our businesses and in particular those applying to your marketing and advertising.

Many are making sure that consumers are not misled about the products and services they are being offered and help to make a level playing field for all.

There are some that may seem strange at first, but if you have someone who knows the rules and can explain why they are there, it can make it easier to understand the need to comply.

I’m not saying that I haven’t come across some rules that I struggle to understand the why, but the vast majority have solid reasoning.

Have a good day.

PS. The students tried to argue they could put the sweets loose in a plastic bag, but if everyone did this, we would have had to check over 200 students before each exam to make sure there were no wrappings! ?

… but what about when they change!

Our daily lives are filled with rules, and that’s totally understandable.

Rules guide us in everything we do – from where we live, to when we shop, to what we watch on TV and when.

Without them, it would be complete chaos.

Rules help manage our competing wants and needs, ensuring that we all get a fair go.

For example, we can’t all just go around a roundabout whenever we feel like it – there have to be rules to tell us who gets to go first.

Most people accept this, but things can get a bit tricky when the rules change – even if it’s just a temporary one.

This happened to me – I didn’t put my recycling out on the correct day.

It was a bank holiday, and therefore the collection would be a day later.

However, they collected it as usual!

We had a leaflet on our fridge that explained the change, but I suppose I just had it in my head it would be the following day.

Thankfully, we only missed one bin, and it was only 25% full anyway.

Changes to rules happen all the time, and most of them are sensible updates that improve things.

But do you always know when the rules change?

For instance, do you know about any recent or upcoming changes to marketing and advertising laws?

Well, you don’t have to if you have someone who knows these things.

… we’ll get a mixer

My husband and I absolutely love gardening and we have a passion for growing our own fruit and vegetables every year.

We take pride in our vegetable beds and ensure we rotate our crops to keep them healthy.

We had noticed the wood surrounds of our beds were starting to break down after years of use and were under attack from the wildlife!

To fix this, we decided to have bricks laid around them.

We had someone start the job but unfortunately, he had to stop due to a shoulder injury that required surgery.

We waited patiently, but with no signs of him returning any time soon, we decided to take matters into our own hands and tackle the project ourselves.

We were able to finish one bed and a quarter of another by the end of the second day, but mixing the cement turned out to be quite a challenge.

Turning over the concrete, sand and water was heavy work, which meant we could only manage 2 mixes per day, limiting progress.

We needed to find someone with a cement mixer!

Having the right equipment for the job is essential and that includes the right knowledge and experience.

So if you have some bricks that need laying, don’t ask me.

But if you need help with those tricky marketing and advertising questions, you’re in the right place.

… Simba or Slumberland?

One of the great things about working from home is watching the wildlife from the window.

The other day, I got totally caught up in watching these two jackdaws on my front lawn.

They were a couple for sure, and they were picking through the grass and flowers, collecting some stuff and tossing others aside. It was like they were asking each other’s opinions on what they found.

Then they started flying back and forth with twigs and flowers – I soon realised they were building a nest!

Later, I saw them in a corner of my garden, pulling at the ground and getting all excited.

And guess what?

They had found some moss! I guess they wanted to make the nest extra cosy and warm for their future babies – a mossy mattress.

The jackdaws were able to find what they needed close to hand.

However, when it comes to finding legal advice on the wonderful world of marketing and advertising compliance, you don’t have to look far, as I’m here to help.

… is not a sale price!

You may remember that I went to London to run some training for a client.

Well, while I was there, I had some free time and decided to check out the stalls in a busy underground station.

The stalls sold many different products and the one I sat nearest to was selling mops.

The trader showed the mop in action on the station floor, and as he mopped he described the qualities of the product finishing with the price.

The first time: “We have a special offer today – 50% off”

Then about 10 minutes later I heard: “Special offer this week – 50 % off”

And then 10 minutes later: “Special offer forever – 50 % off!”

This made me pay more attention to his pitch.

He really knew how to pull in potential customers on their way through the station, all stopping to watch him.

However, he was likely breaking some rules when it comes to pricing, something he probably knew nothing about.

Having been a lawyer for Which? in a previous life, this issue jumped out at me.

Pricing has its own set of rules of which many sellers are unaware.

They can be difficult to get your head around and can cause problems for a brand if they get it wrong.

You see, in this case, if a product is on sale for a long time, the sale price becomes the standard price, and it’s no longer a bargain.

This could cause a headache for the seller if someone complains to the ASA, as they could rule against the ad and even refer it to trading standards for legal action.

I don’t think this trader has too much to worry about since the concourse was so busy, but it’s always good to remember that the marketing and advertising rules are far reaching.

… spent 4 years listening to it!

As you know I went to London for the first time in 3.5 years to run some training for a client.

On the station platform, at an earlier hour than I’m used to ?, I was watching my fellow travellers prepare themselves for the journey.

Then, to my surprise, I heard a familiar voice passing by. It was Michael, a former district council colleague of mine from over a decade ago.

Being a councillor was an interesting part of my life. I learned a lot, especially about representing a large group of people with differing opinions without compromising my own values and beliefs.

Michael was always there to help me navigate the ins and outs of the council, dealing with the many demands on my time and sanity, and making it an easier and more rewarding experience.

He is still a councillor but wasn’t on council business that morning. Instead, he was taking a break with the local Rotary Club in Amsterdam. I hope they had good weather! Having someone with a wealth of knowledge and experience to turn to is so important when you’re new to something or facing a difficult issue.

… but a long way to go.

You’re probably aware that there is a new Bill going through Parliament regarding changes to personal data in the UK. The catchy UK Data Protection and Digital Information (No2) Bill has just had its second reading in the House of Commons, so still has a long way to go.

Here are some highlights.

A new concept is being introduced ‘identifiable living individual’, which means that someone can only be considered ‘identifiable’ from the data if those who are handling the data have the means to actually identify them.

DPOs are set to go. Instead, a Senior Responsible Individual (SRI) who is accountable for data protection compliance will need to be appointed if you’re a public authority or carry out ‘high risk’ processing. This person will need to be part of your senior management team.

An interesting move is the concept of ‘recognised’ legitimate interests. This means that you won’t need to do a balancing test for certain things like national security or preventing crime. But for other things, unfortunately including direct marketing, the test is still required.

Good news for non-commercial organisations! They will be able to use the soft opt-in exemption for direct marketing, even for their charitable or political work. But the recipient still has to be able to say no easily.

They’re also changing the rules about cookies. There will be more categories where they don’t need to ask for permission, for example, website analytics.

Finally, fines under PECR will be increased to match the UK GDPR, which means the ICO could issue fines of up to around £17 million or 4% of a business’s global turnover.

PS. Don’t worry too much about this; a lot could change before the bill goes anywhere near the statute books. It appears to be good news for most businesses, but we will have to wait and see.

… I have not missed it!

I did something this week that I’ve not done for 1264 days give or take a few. I went on a train!

I was heading into the capital to run a training session for a client so I had to brave the railways.

I never really enjoyed going into the office, especially because of the crowded trains and the underground. I even started walking to the office near Oxford Street to avoid feeling like a sardine in a can!

Anyway, I found myself on a train to London, standing as usual – nothing’s changed.

As we arrived at King’s Cross, I was standing by the door. We came to a standstill and that beeping sound started indicating the doors could be opened.

Suddenly I realised everyone in the carriage was staring at me. After what felt like an eternity, the guy standing next to me pointed out that I had the open button right beside me!

I felt so embarrassed and muttered that I hadn’t been on a train for 3.5 years. I’d forgotten train “etiquette”!

But this can happen to all of us. If you don’t do something for a while, the “how” just fades away from your memory.