Direct marketing

The following TMT practice note provides comprehensive and up to date legal information covering:

  • Direct marketing
  • What is direct marketing?
  • Regulatory regime overview
  • UK GDPR overview
  • PECR 2003 overview
  • Unsolicited telephone, fax and electronic marketing
  • Solicited marketing and market research
  • Proposed ePrivacy Regulation
  • Postal and other non-electronic marketing
  • Lawful grounds for processing under the UK GDPR
  • More...

Direct marketing

This Practice Note analyses the legal and commercial issues arising out of direct marketing activities. It covers the following:

  1. What is direct marketing?

  2. Regulatory regime overview

  3. UK GDPR overview

  4. PECR 2003 overview

  5. Postal and other non-electronic marketing

  6. Telephone marketing (live calls)

  7. Automated calls

  8. Email, text and social media messaging

  9. Viral marketing and refer-a-friend

  10. Online marketing

  11. Lead generation and marketing lists

  12. Information requirements for direct marketing

  13. Other legislation relevant to direct marketing

  14. Self-regulatory codes

  15. International

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: UK and EU ePrivacy law reform—tracker.

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