Q&As

What is the position where an individual employee of a company, in a B2B context, is receiving e-mail marketing from another organisation, where they didn't opt-in or opt-out at the time that their details where collected and where they haven't subsequently opted-out of receiving such communications?

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Published on LexisPSL on 26/10/2016

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

  • What is the position where an individual employee of a company, in a B2B context, is receiving e-mail marketing from another organisation, where they didn't opt-in or opt-out at the time that their details where collected and where they haven't subsequently opted-out of receiving such communications?
  • Direct marketing—generally
  • Business-to-business e-mails

This Q&A focuses on the position under the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426 (PECR 2003) in the context of direct marketing to individual corporate subscribers.

Direct marketing—generally

The Data Protection Act 1998 (DPA 1998) provides certain rights to individuals in relation to how their personal data is used, including for direct marketing purposes. The PECR 2003, SI 2003/2426 as amended provides specific rules on sending direct marketing messages by electronic means.

DPA 1998, s 11(3) defines direct marketing as: ‘the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals’. This definition is mirrored in PECR 2003, SI 2003/2426.

Under DPA 1998: individuals have the right to ask an organisation to stop using their personal data for direct marketing. This applies to all forms of marketing if the contact details used identify a living individual, f

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