Q&As

How long can you keep consumer information in a database, and to continue to contact them for marketing purposes?

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Published on LexisPSL on 13/06/2017

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

  • How long can you keep consumer information in a database, and to continue to contact them for marketing purposes?
  • Withdrawal of consent
  • Time limits

How long can you keep consumer information in a database, and to continue to contact them for marketing purposes?

In answering this Q&A we have limited our research to cover the position under the Data Protection Act 1998 (DPA 1998) and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426 (PECR 2003) as amended.

We have not commented on the position under the forthcoming General Data Protection Regulation (GDPR), Regulation (EU) 2016/679, which will be directly applicable from 25 May 2018.

The DPA 1998 provides certain rights to individuals in relation to how their personal data is used, including for direct marketing purposes. The PECR 2003 provides specific rules on sending direct marketing messages by electronic means.

Generally, engaging in marketing activity requires the prior consent of the recipient, though this will depend on to whom the marketing is directed. The rules differ depending on whether the

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