9th July 2018
This is another BLOG in our series looking into the relationship between Self Employed Sales People and their Direct Selling Companies, in light of the new Data Protection laws.
Following conversations with the Direct Selling Association, (DSA) We were keen to see if any Direct selling organisations operating in the UK had made the decision to make the legal situation clear to their Salespeople/ Distributors/ Members / Associates or Agents.
Out of 12 randomly chosen Network Marketing companies operating in Britain ELEVEN OUT OF TWELVE make no mention of it at all.
The other one has a warning in their Privacy Policy but the warning is directed towards their Customers NOT their Distributors. This is what they say:
“… a quick word about UK independent associates...
How does this Privacy and Cookie Policy relate to associates' use of your Personal Information?
A. It doesn't!”
NB: The Company is ABSOLUTELY CORRECT in what it has to say and because they are the only one we found brave enough to say so, to spare the Company’s blushes we have removed their name from the following quote which comes from their Privacy Policy:
“..for queries about [The Company’s] use of your Personal Information please contact us.
Associates are separate controllers from [The Company]…… please contact associates directly about their use.”
Just in case the above is not clear, it is the black and white message from the horse’s mouth that every Network Marketing Distributor is legally responsible as a Data Controller in their own right.Consequently every Distributor needs:
a) To carry out a Data Audit of themselves
b) Possess an ICO licence
c) Write a Privacy Policy for their business including a written policy
for responding to Subject Access Requests
d) Keep it all updated for if and when the Government comes calling!
So, REMEMBER it is your legal responsibility to make your own arrangements.
If you do not know what to do or where to start the best thing to do is take professional legal advice, such as the FREE GDPR assessment offered by www.transitionlaw.com.
An initial telephone conversation to identify your particular requirements, if any, takes less than 10 minutes, costs nothing and could save you a BIG fine and/or a CRIMINAL record.
