9.00 Registration and Refreshments

9.15 Optional Refresher Session■ A reminder of the key marketing-related provisions of the Data Protection Act ■ An outline of the Privacy and Electronic Communications Regulations ■ Reprise of UK Preference Services and suppression rules ■ Impact of the Consumer Protection from Unfair Trading Regulations Emily Jones, Senior Solicitor, Osborne Clarke

10.00 Chairman’s Welcome and IntroductionStephen Groom, Head of Marketing and Privacy, Osborne Clarke

10.10 Database Acquisition and Management■ Data collection statements offline and online – key points to watch ■ Privacy policies and notices – top ten dos and don’ts ■ Making sure you own the data ■ Database maintenance – essential good housekeeping

Stephen Groom

10.50 Identifying and Assessing Risk – the Enforcement and Exposure Landscape

■ The regulators’ powers ■ Lessons from enforcement patterns and penalties to date ■ Appreciating and working around “lateral” risks

Phil Lee, Senior Solicitor, Osborne Clarke

11.30 Refreshments

11.45 Viral, Behavioural and Email/Mobile Marketing – Risk Mitigation Strategies

■ Key learning points from the latest cases ■ Location data, blucasting, unsubscribe and other mobile marketing risk areas ■ Email/Viral marketing – withstanding regulator scrutiny ■ Behavioural marketing and targeting – using web beacons and clear gifs

Mark Webber, Technology Transaction Partner, Osborne Clarke

12.30 Panel Session with the Morning Speakers

12.45 Lunch

1.45 Facing up to the Challenge of Hiring Service Providers, giving them your Data and Staying Compliant

■ Ensuring you know your obligations to those named in your database ■ Outsourcing to contact centres and other marketing service suppliers – key contract tips ■ Offshore processors – special contractual considerations ■ Jurisdictional practicalities

James Mullock, Partner, Osborne Clarke

2.30 Practical Risk Control for International Direct Marketing and Data Transfers

■ Gateways to compliant export of customer/prospect data ■ Meeting “fair & lawful” processing obligations ■ How Europe’s data/marketing laws differ and the practical implications ■ Practical strategies for group companies

Konstantin Ewald, Partner, Osborne Clarke Cologne and Mark Webber

3.15 Refreshments

3.30 Key Steps to Preventing a Data Breach■ Organisations’ responsibilities for protecting their customers’ data ■ The view from the regulators ■ How identities are used if they fall into the hands of a fraudster ■ What to do in the event of a data breach

Helen Lord, Fraud and Regulatory Compliance Director, Experian

4.15 Questions and Discussion

4.30 Conference Close

www.cigroup.org.uk

Personal Data and Privacy Issues of Marketing

Up to 5 ¾ Hours CPD

10 September 2008

Osborne Clarke, One London Wall, London, EC2Y 5EB

C&I Subscribed Members Fee £265 + VAT

In association with: Contributors include:

Helen Lord, Fraud and Regulatory Compliance Director, Experian.

Tailored for In-House Lawyers by In-House Lawyers

Personal Data and Privacy Issues of Marketing - 10 September 2008

CG398041. Confirmation of your booking will be sent by email or post within 2 days of receipt. A VAT invoice will be sent separately to your accounts department at the end of the month. Conference Documentation is distributed at the time of the event. 2. Central Law Training Ltd reserves the right to vary or cancel a conference where the occasion necessitates. CLT accept no liability if, for whatever reason, the conference does not take place. 3. Prices may be subject to change. 4. Full invoice payable unless:- a) Cancellation: provided written notice is received at least 10 working days before the event, the fee will be credited less a £25 (+VAT) administration charge b) Transfer: in the event of a transfer to another date or event, an administration charge of £25 (+ VAT) will be levied. This cannot be done after the date of the conference. c) Credits may be used for other products or services and refunds available on request. Unused credits may be used up to a period of 12 months. 5. This booking form constitutes a legally binding contract.The delegate and employer are jointly and severally liable for payment of all the fees due to CLT. To the extent permitted by law, neither Central Law Training Limited nor its presenters will be liable by reason of breach of contract, negligence or otherwise for any loss or consequential loss occasioned to any person acting omitting to act or refraining from acting in reliance upon the conference material or presentation of the conference or, except to the extent that any such loss does not exceed the price of the conference, arising from or connected with any error or omission in the conference material or presentation of the conference. Consequential loss shall be deemed to include, but is not limited to, any loss of profits or anticipated profits, damage to reputation or goodwill, loss of business or anticipated business, damages, costs, expenses incurred or payable to any third party or any other indirect or consequential losses. 6. Continuing Professional Development and Continuing Professional Education. Hours or points may be claimed as indicated from The Solicitors Regulation Authority. 7. Data Protection: You may be contacted from time to time with details of programmes and services that may be of interest to you. Please write to the Client Services at CLT if you do not wish to be included in this activity.

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Digital technology advances have opened up possibilities for customer and prospect data capture, tracking and targeting that were unthinkable even five years ago. But with these advances have come increased public suspicion, greater challenges to winning and retaining customer trust and heightened exposure to data privacy law enforcement action. This conference takes delegates through the key stages of the marketing process where understanding data security and privacy issues and risks is vital

to maintaining customer confidence and avoiding the unwelcome attention of the regulators. For in-house lawyers the programme offers practical solutions in areas such as data capture and privacy policies, the opt-in/opt-out maze, customer database management, data security and outsourcing.

This programme includes an optional refresher session on UK Data Protection Law (in the context of marketing).

Chairman: Stephen Groom is Osborne Clarke’s Head of Marketing and Privacy and an acknowledged expert and frequent speaker on data protection and privacy issues in the marketing industry. Stephen is editor of Osborne Clarke’s specialist website www.marketinglaw.co.uk, sits on the Board of the Direct Marketing Association and while he sat on the DMA’s Email Marketing Council was lead legal contributor to the first Email Marketing Best Practice Guidelines published by the DMA in 2005.

Speakers: Konstantin Ewald is a partner at Osborne Clarke’s office in Cologne. Konstantin advises businesses on all matters of IT law and technology-related transactions. He is regularly involved in drafting and negotiation of complex IT project contracts and Application Service Providing (ASP) schemes as well as software licensing and distribution contracts. Finally, he advises in e- and m-commerce as well as data protection law. Konstantin is the co-author of the book “IT-Security-legal aspects” published by Erich Schmidt Verlag.

Emily Jones is a senior solicitor at Osborne Clarke. She advises on a wide range of commercial contracts that are primarily IP and IT focused. Emily also advises a range of clients on data protection issues, including cross border transfers of data, data protection registrations, privacy policies, data retention and security. In addition, she assists a number of US headquartered companies with their EMEA data protection issues, which involves co-ordinating advice and liaising with lawyers from a number of jurisdictions. She was seconded to Vodafone for three months on qualification in 2004 and has also been on a six-month secondment to Yahoo! where she advised on privacy and marketing issues as well as a variety of contracts, including network security, marketing and partnering agreements.

Phil Lee is a senior solicitor as Osborne Clarke. Phil has wide-ranging data protection experience, with a particular focus on the technology and computer games industries. In recent years, Phil has advised a major global corporate on intra-and extra-EEA data transfers between group subsidiaries based across more than thirty jurisdictions and has coordinated pan-European data protection advice on local law registration and marketing consent requirements for a major technology services provider. Phil holds a degree in Computer Science from Cambridge University and a postgraduate diploma in

Intellectual Property from Bristol University, and is the author of numerous articles on data protection matters published in the legal press.

Helen Lord is Fraud and Regulatory Compliance Director for Experian having worked for the organisation for 19 years. Helen has mainly worked in the consumer facing area, initially being responsible for Experian’s Consumer Help Service who ensure that the organisation meets its Consumer Credit and Data Protection obligations by proving credit reports and handling any queries about the data held. Helen has worked with the US in the development of Experian’s CreditExpert service which offers credit report monitoring and ID protection on-line. Helen is now responsible for Experian’s Directors’ Office and a Fraud Team who work closely with the police and are responsible for investigations, data mining and intelligence. The team also ensures that all credit card reports are sent to authenticated applicants and leads Experian’s victims of fraud strategy.

James Mullock is a Partner at Osborne Clarke. James specialises in advising on technology and telecoms issues such as technology licensing arrangements, e-commerce business contracts, encryption and data protection issues (in particular data protection audits), technology and telecoms supply, procurement and outsourcing arrangements (in particular offshore arrangements), establishing MVNOs and telecoms regulatory issues. He is the co-author of the book The Data Protection Act Explained, published by the Stationery Office.

Mark Webber is a technology transactions partner at Osborne Clarke. Mark’s core practice focuses on scenarios where intellectual property or technology needs to be leveraged for business success. He has considerable experience in strategic sourcing including advising on outsourcings and a range of offshoring initiatives. He regularly project manages pan-European legal advice for both European and US technology projects and businesses, often acting as de facto European general counsel for business expanding and selling overseas. In Legal Business’s Legal Experts 2007 and 2008 Mark comes “highly recommended” as a legal advisor in the Information Technology practice area.

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Personal Data and Privacy Issues of Marketing10 September 2008 - Osborne Clarke, One London Wall, London EC2Y 5EB

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