CAP To Update Its Rules In Light Of The General Data Protection Regulation

The Committee of Advertising Practice ('CAP') has published a consultation paper proposing to amend its rules relating to data protection in light of the General Data Protection Regulation ('GDPR'). The GDPR is the new legal framework of data protection law across the EU, which comes into force on 25 May 2018, replacing the UK's Data Protection Act 1998.

CAP rules on Data Protection

Some of CAP's existing rules regulate issues relating to data protection. Section 10 regulates the use of data for direct marketing generally, and Appendix 3 regulates the use of web-viewing behaviour data to serve online display advertising ('online behavioural advertising' or 'OBA').

CAP's proposal seeks to better establish what matters should in fact be governed by CAP and what matters should be left to the expertise of the Information Commissioner's Office ('ICO'), whose role it will be to enforce the GDPR in the UK. As such, the consultation puts forward a number of