Name of Private Regulator:
Federation of European Direct and Interactive Marketing (FEDMA)
Meeting legislative requirements; Improving sector's image; Increasing clients' trust in the quality of the products/services; Raising industry standards; Using it as a marketing tool; Enhancing the level of information; Improving sector's image; Avoiding government regulation.
The Directive 95/46/EC of 24 October 1995 (Article 27) provides that Member States and the Commission shall encourage the drawing up - at national and Community levels - of codes of conduct intended to contribute to the proper implementation of the Directive.
"Article 27 The Member States and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper implementation of the national provisions adopted by the Member States pursuant to this Directive, taking account of the specific features of the various sectors.
Member States shall make provision for trade associations and other bodies representing other categories of controllers which have drawn up draft national codes or which have the intention of amending or extending existing national codes to be able to submit them to the opinion of the national authority.
Member States shall make provision for this authority to ascertain, among other things, whether the drafts submitted to it are in accordance with the national provisions adopted pursuant to this Directive. If it sees fit, the authority shall seek the views of data subjects or their representatives.
Draft Community codes, and amendments or extensions to existing Community codes, may be submitted to the Working Party referred to in Article 29. This Working Party shall determine, among other things, whether the drafts submitted to it are in accordance with the national provisions adopted pursuant to this Directive. If it sees fit, the authority shall seek the views of data subjects or their representatives. The Commission may ensure appropriate publicity for the codes which have been approved by the Working Party."
Seven years of negotiations between FEDMA and the Working Party (set in accordance with Article 29 of the Directive 95/46/EC of 24 October 1995) finally led to the introduction of the Code. The code of practice adopted in 2003 represents an interpretation of the European Data Protection Directive in terms designed to be understood by direct marketers; in some areas of the Directive, where practice already goes beyond the level set by the Directive - or where FEDMA recommends that it should - such higher standards of practice are incorporated. The topics addressed in the code include: Obtaining personal data; Responsibilities of the data controller; Dealing with data subjects' requests; Preference services systems (suppression system); Transfer of data to non-EU countries.