Small example of unfair or improper business practices with regards to lead generation and direct marketing include:
• Licensees dealing with known non-compliant lead generation businesses. For example, accepting consumer leads obtained from lead generation firms where it is known, or reasonably ought to be known, that they are employing the use of misleading marketing material, and/or making misleading claims via web-sites or other media.
• not making the true nature of the service to be provided sufficiently clear to consumers via website or other advertising content or when using other direct marketing contact methods such as, for example, telephone calls or text messaging
Check consumer licences for caterogies, ICO register for purpose, Web sites for privacy statements etc
Carry out due dilligence
We are predominately a compliance consultancy firm and our aim is to assist the growth of your business, whilst providing you with industry-leading regulatory and operational support at competitive prices.
Thursday 21 July 2011
Wednesday 13 July 2011
The perils of email - £120,000 fine imposed for sending emails to the wrong recipients
Surrey County Council, a simple error Fine of £120,000 imposed by the Information Commissioner's Office (ICO). The fine is the largest imposed on a single organisation since the ICO was granted its enhanced powers to issue fines in April 2010. The Council was fined for three serious breaches of the Data Protection Act over the last year.Council employee inadvertently emailed personal information relating to 241 adult social care service users to the incorrect group email address.
New rules on electronic marketing and cookies
Website owners have one year to comply
From 26 May 2011, the Privacy and Electronic Communications Regulations, covering electronic marketing such as emails, faxes and text messages, will change. They include changes to the rules for cookies on websites, and introduce new powers for the Information Commissioner's Office (ICO) to impose fines and to investigate when the law may have been broken.
The previous rule on using cookies for storing information was that you had to tell people how you used cookies, and tell them how they could 'opt out' if they objected. Many websites did this by putting information about cookies in their privacy policies and giving people the possibility of 'opting out'.
The new requirement is essentially that cookies can only be placed on machines where the user or subscriber has given their consent.
From 26 May 2011, the Privacy and Electronic Communications Regulations, covering electronic marketing such as emails, faxes and text messages, will change. They include changes to the rules for cookies on websites, and introduce new powers for the Information Commissioner's Office (ICO) to impose fines and to investigate when the law may have been broken.
The previous rule on using cookies for storing information was that you had to tell people how you used cookies, and tell them how they could 'opt out' if they objected. Many websites did this by putting information about cookies in their privacy policies and giving people the possibility of 'opting out'.
The new requirement is essentially that cookies can only be placed on machines where the user or subscriber has given their consent.
Monday 11 July 2011
Important KFI changes 5th July 2011
The change came into effect on April 6th 2011 and had to be fully implemented by July 5th 2011. If you have not done so recently, please make sure your KFIs for clients is compliant. All KFIs should have the following details:
Make Sure you can afford your mortgage if your income falls
The money advice information sheet "You can afford your mortgage now, but what if...?" will help you consider the risks. You can get a free copy from hhtp://www.moneyadviceservice.org.uk or by calling 0300 500 5000"
Make Sure you can afford your mortgage if your income falls
The money advice information sheet "You can afford your mortgage now, but what if...?" will help you consider the risks. You can get a free copy from hhtp://www.moneyadviceservice.org.uk or by calling 0300 500 5000"
Friday 8 July 2011
Compliance procedures manual:
•Structure & process (All)
•Compliance monitoring & support plan (All)
•Licences (All)
•Agreements (includes due diligence)
•Approved persons (FSA only)
•ICOB process (FSA only)
•MCOB process (FSA only)
•Debt management process & procedures (Settlements, Debt Management, IVA's, Bankruptcy etc)
•Client money
•Collections process & procedures
•T & C scheme and records (Continuous performance development)
•Treating Customers Fairly (FSA only but recommend that all should follow principle)
•Complaints procedure & register
•Marketing procedure & sign-off register
•Fraud/money laundering
•Data protection
•Notifications breaches register
•Compliance monitoring & support plan (All)
•Licences (All)
•Agreements (includes due diligence)
•Approved persons (FSA only)
•ICOB process (FSA only)
•MCOB process (FSA only)
•Debt management process & procedures (Settlements, Debt Management, IVA's, Bankruptcy etc)
•Client money
•Collections process & procedures
•T & C scheme and records (Continuous performance development)
•Treating Customers Fairly (FSA only but recommend that all should follow principle)
•Complaints procedure & register
•Marketing procedure & sign-off register
•Fraud/money laundering
•Data protection
•Notifications breaches register
Deemar Network Trade Mark Services
We provide varying types of service including:
o Trade mark audits
o Clearance searches
o Registration of Trade marks in the UK and abroad
What we can assist with:
Trade Mark Audits
We shall be happy to discuss your requirements by analysing the trade marks your business uses and advising you on a cost effective strategy for protecting your valuable brands.
Searches
We provide reliable searches and evaluate the results to give you a clear indication whether a trade mark is free to be used and registered.
Trade Mark Registrations
We are able to apply directly for UK Trade Mark registrations, we negotiate with the Trade Marks Registry to overcome official objections to achieve the best possible protection.
International Trade Registrations
Once you have filed a U.K. application, you can extend your protection to foreign countries that are signatories to the Madrid Protocol. We shall be pleased to provide you with more details.
Foreign Registrations
We have a world-wide network of reliable associates to able to assist in countries that are not part of the Madrid Protocol.
o Trade mark audits
o Clearance searches
o Registration of Trade marks in the UK and abroad
What we can assist with:
Trade Mark Audits
We shall be happy to discuss your requirements by analysing the trade marks your business uses and advising you on a cost effective strategy for protecting your valuable brands.
Searches
We provide reliable searches and evaluate the results to give you a clear indication whether a trade mark is free to be used and registered.
Trade Mark Registrations
We are able to apply directly for UK Trade Mark registrations, we negotiate with the Trade Marks Registry to overcome official objections to achieve the best possible protection.
International Trade Registrations
Once you have filed a U.K. application, you can extend your protection to foreign countries that are signatories to the Madrid Protocol. We shall be pleased to provide you with more details.
Foreign Registrations
We have a world-wide network of reliable associates to able to assist in countries that are not part of the Madrid Protocol.
Debt management we can help!
o General: Description of business model
o Sign off for Advertising, marketing and promotion materials
o Web site sign off and monitoring
o Assists with the due diligence on marketing companies
o Contact with customers i.e. call scripts, monitoring, questionnaires
o Pre-contract information: refund policy
o Contract terms: terms and conditions
o Client money accounts Handling money: Disbursements
o File audit and call monitoring audits: procedures to show that best advice has been provided
o Financial position: procedures and criteria and financial assessment material
o Compliance manual or monitoring programme
o Complaint handling
o Training and competence (continuous Performance development process) training records
o Money laundering
o Disaster recovery including Data governance controls
o Collections processes and systems
o Licences i.e. OFT, ICO etc
o Sign off for Advertising, marketing and promotion materials
o Web site sign off and monitoring
o Assists with the due diligence on marketing companies
o Contact with customers i.e. call scripts, monitoring, questionnaires
o Pre-contract information: refund policy
o Contract terms: terms and conditions
o Client money accounts Handling money: Disbursements
o File audit and call monitoring audits: procedures to show that best advice has been provided
o Financial position: procedures and criteria and financial assessment material
o Compliance manual or monitoring programme
o Complaint handling
o Training and competence (continuous Performance development process) training records
o Money laundering
o Disaster recovery including Data governance controls
o Collections processes and systems
o Licences i.e. OFT, ICO etc
Data Governance controls
School in Southern England recently fined over £50,000 due to a lap top going missing,information was not encrypted.Part of our services include a total review of all data protection areas,providing comprehensive overview and remedial actions.
Friday 1 July 2011
Bribery Act came into force today
The Bribery Act came into force today creating offences that carry prison terms of up to 10 years and unlimited fines.
The Act creates four distinct criminal offences of bribing another; being bribed; bribing a foreign official and (for commercial organisations) failing to prevent bribery.
Head of the Crown Prosecution Service said: "While the Act takes a robust approach to commercial bribery, it also applies to individuals who attempt to influence the application of rules, regulations and normal procedures.
The Act creates four distinct criminal offences of bribing another; being bribed; bribing a foreign official and (for commercial organisations) failing to prevent bribery.
Head of the Crown Prosecution Service said: "While the Act takes a robust approach to commercial bribery, it also applies to individuals who attempt to influence the application of rules, regulations and normal procedures.
Due Diligence checks
Companies should ensure that they carry out due diligence on marketing companies who they source business from.
It is apparent from the due diligence we have carried out,that a number of companies do not have the correct CCL licence / ICO registration for DPA and their web sites are mis-leading or are none compliant.
We have created a register of marketing companies where we have already completed the Due Diligence on, which includes acceptable and those that have failed.
Let us have your comments
It is apparent from the due diligence we have carried out,that a number of companies do not have the correct CCL licence / ICO registration for DPA and their web sites are mis-leading or are none compliant.
We have created a register of marketing companies where we have already completed the Due Diligence on, which includes acceptable and those that have failed.
Let us have your comments
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