Affiliates or third parties
Gambling businesses must comply with the relevant requirements set out in LCCP, the Data Protection Act 2018 (opens in new tab) and Privacy and Electronic Communications Regulations (PECR) (opens in new tab) when using affiliates to undertake direct marketing. We, and the ICO, consider that you are primarily responsible for any breaches.
You should address the risks associated with using affiliates to acquire customers on your behalf through direct marketing by email or SMS. Those who have self-excluded are particularly vulnerable due to the risk of problem gambling harm and the sensitivity of their personal data.
You could manage the risk of an affiliate marketing to those who have self-excluded by ensuring that the affiliate removes from its marketing list any individual who has self-excluded. However, you will be held responsible if the affiliate does not process and manage that data appropriately.
Taking action on failures to prevent marketing material being sent to self-excluded customers
It is a breach of the social responsibility code if you are unable to demonstrate that you had taken all reasonable steps to prevent marketing materials from being sent to self-excluded customers.
You should also take the same steps to prevent marketing to customers whose self-exclusion has expired but who are yet to make a positive decision to return to gambling. We will consider such cases in light of the specific circumstances involved but we would be unlikely to accept that you had taken all reasonable steps if there was a single point of failure (such as a mistake by one member of staff or at a single stage of the process) which had led to marketing materials being sent to self-excluded customers.
Social responsibility code provision 1.1.2 (Responsibility for third parties) requires you to take responsibility for third parties with whom you contract for the provision of any aspect of your business related to the licensed activities.
Where you have a relationship with a third party which sends marketing materials to customers, you must take all reasonable steps to ensure that the provisions of social responsibility code provision 3.5.3 are not breached.
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Where self-exclusion has expired
Last updated: 10 June 2021
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