Anyone for T&Cs?
Intermediary marketing
companies such as small agencies, mailing houses and unlicensed bureau are an
integral part of the marketing mix these days and they play an important role,
providing valuable and effective services to end users at competitive rates. In
the course of their work, they may procure data and other services such as data
cleansing and list rental from a licensed reseller, through online solutions or
directly from a data supplier. In order to acquire the aforementioned
collateral the intermediary organisation will generally sign up to the terms
and conditions of the data owner and will undertake to pass on obligations to
end users.
With mounting pressure regarding data compliance and in response to consumer
concerns regarding the safety of their personal data, some data owners are
insisting that all end users must also sign up to their terms and conditions.
The question of whether a national T&Cs scheme needs to become an industry
standard is now the subject of debate. Sceptics believe that such a scheme
would be beset with problems ranging from logistics to legal issues, not to mention
that it has the potential to block sales, and the ramifications for small to
medium marketing companies could be catastrophic. However, despite all of these
possible pitfalls there is a strong argument that increasing the reach of
T&Cs to end users would minimise the increased risk of data related
litigation and government legislation.
While there is not currently a market appetite for such a move, one thing I am
certain of is that the debate will continue. In the meantime, sceptics and
supporters will have to keep a watchful eye on the situation to see if the
current provisions remain adequate.
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