Q&As

Can you contact customers via email for marketing purposes even if it was not specified at the time of collection that the email address may be used for marketing purposes?

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Published on LexisPSL on 21/07/2017

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • Can you contact customers via email for marketing purposes even if it was not specified at the time of collection that the email address may be used for marketing purposes?
  • Soft opt-in exception

In answering this Q&A, we have limited our research to cover the position under the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426 (PECR) and assume this Q&A does not relate to corporate subscribers.

The Data Protection Act 1998 (DPA 1998) provides certain rights to individuals in relation to how their personal data is used, including for direct marketing purposes. The PECR, SI 2003/2426 as amended provides specific rules on sending direct marketing messages by electronic means.

DPA 1998, s 11(3) defines direct marketing as: ‘the communication (by whatever means) of

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