Establishing an register Setting up an opt-out scheme for unsolicited under the Distance Selling Directive
OFTEL’s role Protecting interests of consumers using telecoms networks Established opt-out registers for phone calls and faxes under the Telecoms Data Protection Directive If opt-out decision made for , likely to be responsible for setting up similar scheme General advisory role on telecoms matters
How do the current opt-out schemes work? OFTEL delegates functions of establishing and running register to another body through a tender process A fee is set for consulting the register - the fee is designed to cover the costs of setting up and maintaining the register Direct marketers are obliged to consult the register on a regular basis and purge names from their lists
How might an scheme differ? Must be available online Must be able to take orders from overseas direct marketers intending to UK residents Must not provide addresses direct to marketers, but instead provide some form of ‘cleansing’ service
Some questions Unlike calls and faxes, there are no real precedents for an scheme in UK How many UK and overseas direct marketers are sending unsolicited to UK residents? Cost of establishing register? Setting charges? Consumer demand to opt out?
What about opt-in? OFTEL’s view that opt-in does not require a formal register Marketers would collect opt-in addresses through invitations from specific companies on websites Consumers could also sign onto general opt-in lists to receive information about topics of interest