Processing personal data—direct marketing
Processing personal data—direct marketing

The following Risk & Compliance practice note provides comprehensive and up to date legal information covering:

  • Processing personal data—direct marketing
  • What is direct marketing?
  • Regulatory regime
  • GDPR
  • PECR 2003—unsolicited telephone, fax and electronic marketing
  • PECR 2003—solicited marketing and market research
  • Other applicable regulations and codes
  • Failing to comply
  • Postal and other non-electronic marketing
  • Lawful grounds for processing under the GDPR
  • More...

Brexit: As of exit day (31 January 2020), the UK is no longer an EU Member State, but it has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. The UK must continue to adhere to its obligations under EU law, including in relation to data protection, and the ICO has confirmed the GDPR will continue to apply during the implementation period. For more information, see: Practice Note: Brexit—implications for data protection.

This Practice Note sets out the compliance implications of the General Data Protection Regulation (GDPR) on direct marketing. It also reflects the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426. The main challenge with direct marketing is piecing together what is permitted under the GDPR and PECR 2003. This will vary depending on your marketing activity and target audience.

PECR 2003 is due to be replaced by an EU ePrivacy Regulation, but the timing for implementation is unclear. The impact of the ePrivacy Regulation is explained below at Proposed ePrivacy Regulation.

For a quick guide of whether your proposed marketing activities require consent, see:

  1. Direct marketing decision tree—email and other electronic marketing—data protection

  2. Direct marketing decision tree—live telephone calls—data protection

  3. Direct marketing decision tree—postal—data protection

The Information Commissioner’s Office (ICO) has published a draft direct marketing code of practice for

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