201503 CM March
THE CICM JOURNAL FOR CONSUMER AND COMMERCIAL CREDIT PROFESSIONALS
THE CICM JOURNAL FOR CONSUMER AND COMMERCIAL CREDIT PROFESSIONALS
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NEITHER GONE NOR FORGOTTEN<br />
PROGRESS towards new General Data<br />
Protection regulation continues, with a<br />
more modern view of data protection<br />
thinking being proposed.<br />
As a regulation and not a directive,<br />
there is scope for individual EU nations to<br />
interpret the new rules in their own way,<br />
but 12 months on, and there are still areas<br />
of concern for parts of the credit and<br />
collections community, especially around<br />
the concept of ‘the right to be forgotten’.<br />
Arguments continue as regards whether<br />
individuals can be ‘forgotten’, or whether<br />
the right to ‘delete’ certain records should<br />
not apply in cases where the data controller<br />
can prove overriding legitimate grounds<br />
to process. Similarly there are disputes in<br />
respect to automated profiling, and whether<br />
sufficient safeguards can prevent the need<br />
for human intervention.<br />
THE National Association of Commercial<br />
Finance Brokers (NACFB) has appointed<br />
Paul Goodman as its new chairman for the<br />
next two years.<br />
The election took place as part of the<br />
Association’s first board meeting of the<br />
year, and Paul says he is delighted to be<br />
taking up this new role. Paul, Managing<br />
Director of Goodman Corporate Finance,<br />
says he is keen for the NACFB to focus<br />
on its core principles, particularly around<br />
continuing to raise standards: “I also want<br />
to adopt a more collaborative approach<br />
THE latest figures from the IMRG<br />
Capgemini e-Retail Sales Index reveal that<br />
£104 billion was spent online in 2014, the<br />
first time annual spending has exceeded<br />
the £100bn barrier. The Index grew 14<br />
percent on 2013. For 2015, IMRG and<br />
Capgemini forecast it will record a further<br />
12 percent growth, with total e-retail sales<br />
estimated to be worth £116 billion by year<br />
end.<br />
The Christmas shopping period as a<br />
whole, defined as the eight weeks between<br />
2 November and 27 December, saw UK<br />
shoppers spend £21.6 billion on gifts and<br />
bargains, equating to a solid 13 percent<br />
growth on the same period last year.<br />
However, e-retail during December<br />
recorded just five percent year-on-year<br />
growth – the lowest ever in the Index for<br />
this period, as the discounting around<br />
Black Friday focused huge volumes of<br />
sales activity on the final week of November<br />
(w/c 23 November). According to separate<br />
figures from Experian and IMRG, an<br />
estimated £810 million was spent online on<br />
In modernising the existing regime,<br />
legislators are proposing an increase in<br />
the maximum fines that can be imposed<br />
for a serious breach to 100 million or<br />
five percent of a company’s global<br />
turnover (this is in comparison to the UK<br />
maximum fine currently of £500,000). For<br />
multinational companies, it is proposed<br />
that a regulator’s decision in one country<br />
will be biding across multiple jurisdictions.<br />
Other proposals include a mandatory<br />
breach notice, privacy risk assessments<br />
prior to the launch of any new products,<br />
and closer management of third-party<br />
vendors. Credit firms are being urged<br />
to maintain a close dialogue with their<br />
MEPs and relevant trade association and<br />
speak with a consistent voice so that<br />
the implications of new regulation is fully<br />
understood.<br />
NACFB APPOINTS NEW CHAIRMAN<br />
between all our members and patrons to<br />
enrich those relationships.<br />
“A lead role with the FCA is clearly very<br />
high on the agenda for my term of office,<br />
as is working with members and patrons to<br />
encourage new blood into our industry.”<br />
Adam Tyler, Chief Executive of NACFB,<br />
says Paul has extensive experience within<br />
the industry: “He is well placed to offer<br />
strong leadership through what will no<br />
doubt be another challenging year for the<br />
NACFB and commercial finance brokers."<br />
nacfb.org<br />
ONLINE SALES EXCEED £100 BILLION<br />
Black Friday 2014, the biggest ever day for<br />
UK online sales. The Index figures show that<br />
the greatest concentration of sales during<br />
the Christmas period (17 percent) took<br />
place during the week of Black Friday.<br />
imrg.org experian.co.uk<br />
NEWS IN BRIEF<br />
TECHNICAL BRIEFING<br />
The CI<strong>CM</strong> Technical Committee is working<br />
hard on a number of projects to support<br />
the Chartered Institute and its members in<br />
several areas, including the Prompt Payment<br />
Code with the Chief Executive co-chairing<br />
a meeting of the new Advisory Board, and<br />
attending a round table at Downing Street,<br />
in early February. The Committee is also<br />
looking at Government plans to change the<br />
limits for bankruptcy creditor petitions and<br />
Debt Recovery Orders that come into effect<br />
in October 2015, and the formation of a pool<br />
of business people to consider proposed<br />
pre-pack transactions.<br />
Other areas of interest and scrutiny<br />
include: the publication by the HMRC of a<br />
summary of responses to its consultation<br />
about VAT invoicing and accounting<br />
arrangements, to which the Chartered<br />
Institute had responded and Guidance is to<br />
follow; the review by the Civil Procedure Rule<br />
Committee (CPRC) of the Ministry of Justice<br />
into the Pre-Action Protocols on Debt Claims;<br />
and the Lending Standards Board’s plan to<br />
review the Lending Code, and how the CI<strong>CM</strong><br />
should respond.<br />
The Chartered Institute is also responding<br />
to consultations regarding: The Money<br />
Advice Service on views and comments<br />
on the Standard Financial Statement; The<br />
Joint Insolvency Committee on the revised<br />
Statement of Insolvency Practice 16; and<br />
the Department for Business Innovation<br />
and Skills on two consultations - the duty<br />
to report on payment practices and policies<br />
and the Nullification of Ban on Invoice<br />
Assignment Clauses.<br />
NEWS IN BRIEF<br />
GROWING MEMBERS<br />
THE number of people applying for<br />
membership and membership upgrades<br />
to the CI<strong>CM</strong> has seen a marked increase<br />
since the start of the year. “Members could<br />
add to the progress we're already seeing by<br />
encouraging peers and colleagues to engage<br />
with the CI<strong>CM</strong> credit community,” says Philip<br />
King, Chief Executive of the CI<strong>CM</strong>.<br />
LEADERSHIP TEAM<br />
The Payment Systems Regulator, the<br />
economic regulator for the UK’s £75 trillion<br />
payments industry, has appointed three<br />
heads of department to help lead the new<br />
organisation. The new appointments are:<br />
Carole Begent as Head of Legal; Mark<br />
Falcon as Head of Regulatory Policy<br />
and Strategy; and Louise Buckley as<br />
Head of Stakeholder Engagement and<br />
Communications. fca.org.uk/psr<br />
The recognised standard in credit management www.cicm.com <strong>March</strong> 2015 7