The following TMT practice note provides comprehensive and up to date legal information covering:
This Practice Note analyses the legal and commercial issues arising out of direct marketing activities. It covers the following:
What is direct marketing?
Regulatory regime overview
UK GDPR overview
PECR 2003 overview
Postal and other non-electronic marketing
Telephone marketing (live calls)
Email, text and social media messaging
Viral marketing and refer-a-friend
Lead generation and marketing lists
Information requirements for direct marketing
Other legislation relevant to direct marketing
In relation to the data protection aspects of direct marketing, this Practice Note is based on the law under the UK General Data Protection Regulation (UK GDPR) regime which became applicable on 31 December 2020.
The Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003) were due to be replaced by a new EU ePrivacy Regulation but negotiations on the draft text of the regulation have been heavily delayed and, in the intervening period, the UK has left the EU. It is not currently known when (or if) the ePrivacy Regulation will come into force in Europe and the extent to which the UK government will legislate to harmonise the UK ePrivacy regime with its European equivalent. For more information on the ePrivacy Regulation, see: PECR 2003 overview below. For updates on its progress through the EU legislative process, see Practice Note: ePrivacy Regulation—timeline.
For flowcharts covering the primary direct marketing channels,
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