Old man on the street
Old man on the street
Writing a letter
Boy writing a letter
Girls on their mobiles
Girls on their mobiles
Photographing an event
Photographing an event
Girl with laptop
Girl with laptop
Man on phone
Man on phone
Clothing on a rail
Clothing on a rail
Shopping at a market
Shopping at a market
Girl on phone
Girl on phone
Market Seller
Market Seller
People at a station
People at a station
Busy street
Busy street
Earth from space
Earth from space
Man on Laptop
Man on laptop
Man on mobile
Man on mobile
Man on laptop
Man on laptop
Construction workers
Construction workers
Girls on mobiles
Girls on mobiles
Kids on mobiles
Kids on mobiles
Girls on mobiles
Girls on mobiles
Man in a hat
Man in a hat
British postbox
British postbox
Cartwheel on a beach
Cartwheel on a beach
Woman on a phone
Woman on a phone
Monopoly board
Monopoly board
Woman
Woman
People in office
People in office
Video recording
Video recording
Men talking
Men talking
Woman
Woman
On a tablet
On a tablet
People
People
Woman on bench
Woman on bench
Man waiting for train
Man waiting for train
Something
Something
Woman
Woman
Busy street
Busy street
JMS Connect
JMS Connect
JMS Innov8
JMS Innov8
JMS Inspire
JMS Inspire
JMS Shout
JMS Shout
JMS SEO Thermostat
JMS SEO Thermostat

Bluetooth Marketing Law Briefing

The Information Commissioner's Office (ICO) went from regarding Bluetooth marketing law as being covered by the Privacy & Electronic Communications Regulations to considering that such marketing was in fact not covered.

The DBERR (the Department for Business, Enterprise and Regulatory Reform - the new, long-winded, name for the Department of Trade and Industry) changed the legal position on Bluetooth marketing. The window of opportunity for marketing by Bluetooth technology that opened is closing once more.

"The Department wishes to work with the European Commission during the review of the Privacy and Electronic Communications Directive to find the best way to evolve the current rules."

"We will be looking to ensure that definitions are suitable for new technological developments in communications technology. We will speak to stakeholders to gauge the size of the problem in relation to Bluetooth and will discuss, in the context of the review, any changes with them."

From the DBERR statement, it doesn't seem likely that the "window of opportunity" will be closed any time soon. The story also quotes a representative from the European Commission who appears to regard Bluetooth marketing law as not being a current issue, and not worth legislating on at this time.

Whilst making predictions is hazardous, it appears that there are unlikely to be any moves to legislate on Bluetooth marketing at any time soon. Bluetooth marketing law isn’t so well-defined as opt-in to email, for instance. The EU Privacy and Electronic Communications Directive (PECR) checklist point 7 suggests Bluetooth is outside PECR.

Because of the peception of bluetooth spam, any direct bluetooth legislation has been superseded by a focus on consumers opt-in to, for example:

  1. Push notifications - typically across mobile or in-store Wifi networks, including during the provision of 'free' Wifi connectivity
  2. Multiscreen advertising - proximity targeting of ads on media sites. This would be when the custoer approaches a billboard, bus shelter or store front
  3. QR codes - scanning a QR or barcode could be deemed a deifinite act of consent, thus opt-in. If, however, scanning delivers or reveals additional information (piggybacked on the desired information or action), this would be illegal, possibly even trespass!

On a related note, Mobile Marketing Magazine reports that the Direct Marketing Association is advising its members to apply the same principles to Bluetooth marketing as marketers must by law apply when marketing using other electronic communications methods such as email and text message.

This is probably the best solution, and most ethical way to undertake any Bluetooth promotion. Most promotion using Bluetooth uses Blujacking - sending information via Bluetooth to a device - mobile phone, PDA or computer. BlueSnarfing - where data is taken from such devices is and remains illegal, as this is a form of trespass.

Generally speaking, the investment needed for Bluetooth marketing is regarded as too high for most budgets and is ignored. It has value, if undertaken correctly, but it is still a grey area.

Useful Resources

 


Glossary: Advertising, Astroturfing, BlueSnarfing, Bluetooth, Blujacking, Can-Spam, Cloaking, Dark Marketing, Direct Marketing, Email, Email Harvesting, Email Marketing, Grey Marketing, Guerrilla Marketing, Interruption Marketing, Link Baiting, Mobile Marketing, Personal Digital Assistant, Pharming, Phishing, Short Messaging Service, Siphoning, Spam, Spyware, Trojan Virus, Viral Marketing, Virus

Internet of Manufacturing
  Tue 6th Mar/2018
    3:00 pm - 11:30 pm