The following Risk & Compliance practice note produced in partnership with Hamish Corner of Shoosmiths provides comprehensive and up to date legal information covering:
The rules on direct marketing affect almost every organisation in the UK and have been largely unaffected by Brexit. Deciding whether you can engage in a marketing campaign involves navigating your way through a complex framework of legislation, regulations and voluntary codes of practice. See Practice Note: Direct marketing.
Like most organisations, you are likely to invest substantial time and effort in your marketing activities, but you must also allocate sufficient resources to ensure compliance with the rules. In short, this involves consideration of the following:
data protection and privacy law, eg the UK General Data Protection Regulation (UK GDPR) and Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003)
consumer protection legislation, eg the Consumer Protection from Unfair Trading Regulations 2008 (CPUTs)
codes of practice, eg Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP) Code and Direct Marketing Association Code (DMA Code)
other advertising and direct marketing law, where relevant. See Practice Note: Advertising law and regulation
Failing to comply with the rules could have serious consequences. As well as exposing your organisation to adverse publicity and reputational damage, you risk regulatory referral by customers and competitors.
This, in turn, could result in action being taken by the Information Commissioner’s Office (ICO), Advertising Standards Authority (ASA), the Direct Marketing Commission and/or the Competition and Markets
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010, so a draftsman now need not be concerned to specify a perpetuity period. Any restrictions on the exercise of the easement
Common financial covenantsThis Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan
Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating
Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or hearing (as opposed to an ex tempore judgment which is given by the judge orally straight after the hearing or trial). At the end of the hearing the judge
0330 161 1234