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GLOSSARY

Direct marketing definition

Published by a LexisNexis Commercial expert

What does Direct marketing mean?

Direct marketing is the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals, such as by email, post, SMS or telephone.

Commercial

Direct marketing is the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals, such as by email, post, SMS or telephone.

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Planning a digital marketing campaign—checklist

Planning a digital marketing campaign—checklist This Checklist is for use when planning a digital marketing campaign. The focus is on marketing-specific requirements and the Checklist does not consider general issues in relation to transactional activity (eg contract formation, distance selling). It covers media selection, territorial targeting, agency contracts, data protection, advertising compliance, user-generated content, influencer engagement, prize and price promotions, and behavioural advertising. It also considers compliance with legislative and self-regulatory regime in the UK, including the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Digital marketing can reach consumers at home, at work and, through their mobiles, tablets and video game consoles, virtually everywhere else. Alongside unrivalled potential audience numbers, it offers brands the opportunity to target individuals on the basis of their specific interests, locations or habits. It is no surprise, then, that brands are diverting more and more of their marketing spend from traditional media to...

Privacy notices—what information to include—checklist

Privacy notices—what information to include—checklist In brief In summary, UK data protection law is intended to ensure information about living individuals (within the definition of ‘personal data’) is used fairly and responsibly. To help ensure that, the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) regime imposes a large number of obligations on those ‘processing’ personal data, and on the controllers of such processing, when they are in the scope of the UK GDPR regime. The UK GDPR also grants rights to those whose personal data is processed (the ‘data subjects’). ‘Processing’ includes doing almost anything with personal data, including storing, sharing, deleting or using it. It is virtually impossible to operate a business or other organisation without processing personal data. Among other things, the ‘controllers’ of personal data processing are required to provide certain information to data subjects, such as to ensure they know why their personal data is being collected, how it is being used, who it is being shared with, and their own...

Discover our 11 Checklists on Direct marketing

Evaluating an objection to processing request—flowchart

Evaluating an objection to processing request—flowchart This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Assimilated Regulation (EU) 2016/679) unless expressly stated otherwise. The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right to object. Data subjects can make a request to an organisation to exercise their right to object to processing at any time. This is not, however, an absolute right to object—it only applies in specific circumstances. There are strict time limits for complying with requests made. See Practice Notes: • Data subject rights—objection to processing • How to handle data subject requests This Flowchart maps out a process for evaluating a data subject request under the right to object that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018) together with guidance issued by the Information Commissioner’s Office (ICO). It should be...

Direct marketing decision tree—live telephone calls—data protection

Direct marketing decision tree—live telephone calls—data protection This decision tree provides a logical process for determining whether you can engage in live telephone marketing and, if so, to whom. For other types of marketing, see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—email and other electronic mail marketing—data protection. Live or automated telephone calls? This decision tree is not suitable for automated calls because the rules on automated calls are far stricter than those relating to live calls. You must not make automated telephone marketing calls to an individual unless they have specifically consented to receive this type of call from you. General consent for marketing, or even consent for live calls, is not enough—it must specifically cover automated calls. There is therefore little point in having a decision tree for automated marketing calls—this decision tree relates exclusively to live marketing calls. See Practice Note: Direct marketing compliance—Automated calls. Claims management services Unsolicited phone calls advertising claims management services are not permitted unless the recipient previously notified...

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Direct marketing

FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, which affects this Practice Note. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). The Advertising Standards Authority is also consulting on necessary updates to the Advertising Codes to reflect DMCCA 2024. The consultation will close on 5 February 2025. See: LNB News 06/01/2025 43. This Practice Note will be updated for this change in due course.For a detailed comparison of the CPUTR 2008 and Part 4 of DMCCA 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key provisions from a consumer protection perspective.This Practice Note analyses legal and...

How to handle personal data for direct marketing

How to handle personal data for direct marketing This How-to guide provides high-level practical guidance on direct marketing, in particular how to comply with the UK General Data Protection Regulation (UK GDPR) and Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003). More detailed guidance can be found in Practice Note: Direct marketing compliance. This How-to guide summarises key requirements relating to telephone marketing, postal marketing, email marketing and other electronic mail direct marketing. It also flags the need to screen against the Mailing Preference Service or Telephone Preference Service (TPS). This guide takes account of direct marketing guidance published by the Information Commissioner’s Office (ICO) on service messages, refer-a-friend campaigns, regulatory communications, market research including selling under the guise of research (sugging), tracking pixels, marketing lists, suppression lists and preference centres. It reflects the ICO’s: • Direct marketing guidance, and • Guidance on direct marketing using live calls and Guidance on direct marketing using electronic mail It also reflects the ICO’s draft Direct marketing code of practice, but...

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Training materials—direct marketing—data protection compliance

Training materials—direct marketing—data protection compliance This Precedent training aid presentation is intended for private sector organisations in the UK and is aimed at members of staff involved in direct marketing activities. It provides high-level guidance on data protection law relating to direct marketing. Please click for the PowerPoint presentation. Most commercial organisations engage in some form of direct marketing, eg postal direct marketing, live telephone direct marketing or email direct marketing. This is generally seen as an essential part of an organisation’s business activities, which can help to grow the business and add value to the customer experience. However, direct marketing has the potential to cause nuisance, harm and even distress. For this reason, there are strict rules surrounding the use of personal data for direct marketing purposes, predominantly in the United Kingdom General Data Protection Regulation (UK GDPR) and Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003). The Information Commissioner’s Office (ICO) has published a direct marketing self-assessment, which makes it clear that the ICO expects...

Records retention schedule

Records retention schedule 1 Introduction 1.1 This Record retention schedule accompanies and is incorporated into [insert organisation’s name]’s Records management policy. It sets out the time periods that different types of Business Records (as defined in the Records management policy) must be retained for business and legal purposes. [You do need not read the entire retention schedule, but rather should focus on the types of records relevant to your role.] 1.2 The retention periods in the schedule are based on business needs and legal requirements, including our obligation under data protection law not to keep personal data for longer than is necessary. Once a retention period has expired the data or record should be reviewed and destroyed if it is no longer needed. 1.3 If you maintain any types of records that are not listed in this schedule, and it is not clear from the existing record types in this schedule what retention period should apply, please contact [insert who, eg the Data Protection Officer]...

Dive into our 30 Precedents related to Direct marketing

Following a proposed change in suppliers (for example, transferring to a new provider of outsourced services), is the data subject’s consent required when transferring personal data from one service provider to another?

Following a proposed change in suppliers (for example, transferring to a new provider of outsourced services), is the data subject’s consent required when transferring personal data from one service provider to another? Such a situation can arise, for example, in fulfilment, where supplies are made to a customer (the data subject if an individual) by the supplier on behalf of the purchaser of the supplier’s services. The chain is: purchaser–> supplier–> customer. It is inevitable that the supplier is going to keep, be given or generate a database of customer supply details. It is also the case that those details (email addresses, name and address, order history, financial credibility and so on) are going to constitute personal data within the meaning of the Data Protection Act 1998 (DPA 1998), see Q&A: What is 'personal data' for the purposes of the Data Protection Act 1998? What, from a data protection perspective, then, happens if the supplier is changed? Assuming that those data in question are not sensitive...

Is there a legal reason why a UK based prize promotion might be restricted to UK residents only?

Is there a legal reason why a UK based prize promotion might be restricted to UK residents only? In answering this Q&A we have assumed that the proposed prize promotion would not constitute a lottery requiring an operating licence. We have also assumed that the promotion is commercial and not a charity linked prize promotion. After a review of our sources on Lexis+® UK and Lexis+ UK Legal Research, we are not aware of any statutory prohibition against non-UK residents participating in such a prize draw. For general points of consideration, see Practice Note: Prize promotions and Prize promotions—checklist. The Gambling Act 2005 Prize competitions and free prize draws fall outside the scope of the Gambling Act 2005 (GA 2005) and are therefore not subject to any statutory control under the GA 2005. It is possible, therefore, to organise prize promotions for a commercial benefit without the need to obtain a lottery operating licence. However, the promoter of a prize promotion must ensure that it complies with...

See the 43 Q&As about Direct marketing

TMT weekly highlights—8 May 2025

Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.

Commercial weekly highlights—8 May 2025

This week's edition of Commercial weekly highlights includes: commentary on the Court of Appeal's decision in Hipgnosis v Manilow which held that jurisdiction of the English Courts is determined at the date of issue of proceedings, analysis of the conflict between online trader recommendation platforms’ duty to prevent fake reviews and their contractual duties to businesses featured on their platforms, and news that the Office for Product Safety and Standards has published guidance on the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2025, which comes into effect on 30 October 2025.

Read the latest 35 News articles on Direct marketing