Sales and marketing

Sales and marketing

This subtopic deals with the law and regulation governing sales and marketing activities generally, including direct marketing, prize and sales promotions, price claims and product placement.

Direct marketing

Practice Note: Direct marketing analyses legal and commercial issues arising out of direct marketing activities. It covers the relevant provisions of the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426 as they apply to direct marketing (including the soft opt in) such as live and automated telephone calls, unsolicited email marketing, text message marketing and the use of marketing lists. As well as the UK GDPR and PECR 2003, it considers other rules relevant to direct marketing including the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), the Data & Marketing Association Code and the International Chamber of Commerce’s Advertising and Marketing Communications Code (ICC Code).

For sample data protection consent wording, see Precedent: Consent to process personal data—sample wording.

Latest Commercial News

CMA fines Euro Car Parks for failure to comply with information notice

The Competition and Markets Authority (CMA) has imposed a £473,000 penalty on Euro Car Parks Limited for failing to respond to an information notice issued in July 2025, representing the first use of the CMA's fining powers under the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). The penalty was issued under Schedule 5 of the Consumer Rights Act 2015, as amended by the DMCCA 2024, and represents 75% of the maximum possible fixed charge. The CMA said Euro Car Parks failed to respond to the notice for three months despite seven separate attempts to secure a response. The company later stated that it had blocked the CMA's emails because it believed them to be fraudulent, which the CMA did not accept as a reasonable excuse. Euro Car Parks has appealed the decision to the High Court, which has refused the company's application for an injunction to prevent the CMA from naming it.

CMA speech outlines consumer protection progress under DMCCA 2024 consumer regime

The Competition and Markets Authority (CMA) has published a speech by its Acting Executive Director for Consumer Protection, Emma Cochrane, outlining the CMA’s progress and future priorities under the consumer protection provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). The speech reflects on the first 10 months of the regime, which came into force in April 2025. Cochrane describes the DMCCA 2024 as marking a ‘genuine shift’ in UK consumer enforcement, noting that, for the first time, the CMA can decide whether consumer protection laws have been infringed, rather than having to litigate through the courts, and can issue penalties directly where breaches are found. She says the CMA’s approach to exercising these powers is guided by its ‘4Ps’ principles: pace, predictability, proportionality and process. She also highlights the CMA’s publication of updated guidance and engagement with businesses to support compliance under the new regime, and points to the new banned practices relating to fake reviews introduced by the DMCCA 2024. Looking ahead, she says further enforcement action can be expected, particularly in areas of essential household spend and in relation to fake reviews, unfair contract terms and drip pricing where businesses fail to change their behaviour. She concludes that the CMA is beginning to see the deterrent effect of the new regime, with businesses investing in training and reviewing practices, and says the CMA will continue to use its new powers ‘thoughtfully, strategically and effectively’ to protect consumers and support compliant businesses.

Commercial weekly highlights—12 February 2026

This week's edition of Commercial weekly highlights includes: announcement of the Court of Appeal decision in Tyson International Company Ltd v Gic Re, India, Corporate Member Ltd which confirmed the court’s approach where parties acknowledge a potential inconsistency in an agreement, announcement of the Court of Appeal decision in Sahara Energy Resource Ltd v Societe Nationale de Raffinage SA which considered whether a Joint Report signed by the parties constituted a legally binding agreement extending to all categories of undisputed claims, and news that the Advertising Association has published a Best Practice Guide for the Responsible Use of Generative AI in advertising.

Revising CMA37—key takeaways from the CMA’s draft unfair contract terms guidance

Commercial analysis: The Competition and Markets Authority (CMA) has launched a consultation on its revised guidance on unfair contract terms, aimed at modernising and clarifying its existing 2015 guidance (CMA37). While the law under the Consumer Rights Act 2015 (CRA 2015) remains unchanged, the CMA’s new draft reflects recent legal and enforcement developments, including its expanded direct enforcement powers under the Digital Markets, Competition and Consumer Act 2024 (DMCCA 2024). The draft guidance is shorter, more structured, and written in plain language, with an emphasis on the core principles of fairness and transparency, practical examples, and digital consumer journeys. Paolo Palmigiano, partner at Taylor Wessing LLP gives his views on the draft.