The Affiliate and Partner Marketing Association (APMA) has submitted a response to the Information Commissioner’s Office (ICO) consultation on the draft updated guidance for storage and access technologies.
The new guidance – following a review of responses to the consultation – will explain how the Privacy and Electronic Communications Regulations 2003 (PECR) as amended applies when an organisation uses technologies that store information, or access information stored, on someone’s device (e.g., a cookie).
The APMA urges the ICO to:
1. Adapt PECR for Low-Risk Technologies:
Consider how PECR should apply to low-risk technologies, such as those used in many affiliate and partner marketing models, under the proposed amendments to the Data (Use and Access) Bill. These changes would enable the Secretary of State, in consultation with the ICO, to introduce exemptions to consent requirements, providing a more practical approach for less intrusive business practices and reducing unnecessary disruption for consumers.
2. Clearly Differentiate Affiliate & Partner Marketing:
Ensure a clear distinction between affiliate and partner marketing and other forms of online marketing, such as programmatic display advertising. Affiliate and partner marketing operate on a Cost-Per-Acquisition (CPA) model, where rewards, tailored services, or content are delivered only when explicitly requested by consumers. This distinction is vital to prevent affiliate marketing from being unfairly burdened by regulations designed for higher-risk advertising practices.
3. Provide Specific Examples in Final Guidance:
Include detailed examples in the final guidance of technologies used in affiliate and partner marketing that are ‘strictly necessary’ for delivering services requested by consumers. This includes services such as cashback, loyalty rewards, and voucher codes. This will offer greater clarity and practical guidance for businesses operating in the sector.
4. Simplify Consent Mechanisms:
Clarify and simplify consent mechanisms, such as allowing a unified consent for both advertising and measurement purposes, even when these activities are split between two entities. This streamlined approach would reduce complexity and improve compliance for businesses while maintaining consumer privacy protections.
Kevin Edwards, Founder and Director of APMA, states: “The affiliate and partner marketing industry contributes £21 billion to the UK economy, powering ecommerce and delivering substantial savings and convenience to consumers. These benefits depend on the use of technologies, such as cookies, and making clear regulatory guidance is essential to protect consumer privacy while preserving the economic and consumer advantages the industry provides.”
Click on the image below to read the APMA response:
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