Sales and marketing

Sales and marketing

This subtopic deals with the law and regulation governing sales and marketing activities generally, including direct marketing, prize and sales promotions, price claims and product placement.

Direct marketing

Practice Note: Direct marketing analyses legal and commercial issues arising out of direct marketing activities. It covers the relevant provisions of the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426 as they apply to direct marketing (including the soft opt in) such as live and automated telephone calls, unsolicited email marketing, text message marketing and the use of marketing lists. As well as the UK GDPR and PECR 2003, it considers other rules relevant to direct marketing including the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), the Data & Marketing Association Code and the International Chamber of Commerce’s Advertising and Marketing Communications Code (ICC Code).

For sample data protection consent wording, see Precedent: Consent to process personal data—sample wording.

Latest TMT News

Ofcom publishes final guidance and statement on local news requirements for analogue commercial radio

Ofcom has published its final guidance on how local analogue commercial radio licensees may comply with new local news and information requirements, alongside a statement implementing those requirements under the Media Act 2024 (MA 2024). It explains that the MA 2024 introduces a new duty requiring Ofcom to include appropriate conditions in licences to secure the regular broadcast of local news and information, including ‘locally-gathered’ news, and to consult on and publish guidance on how licensees may comply.

ASA rulings—25 February 2026

One complaint was received by the Advertising Standards Authority (ASA) about comparative claims made on Practice Pal Ltd’s website for its school management software. The ASA upheld the complaint.

DCMS lays secondary legislation implementing Media Act 2024 for VoD regulation

The Department for Culture, Media and Sport (DCMS) has laid secondary legislation to implement the Media Act 2024, bringing video-on-demand services with over 500,000 UK users under enhanced Ofcom regulation. Services including Netflix, Amazon Prime Video, Disney+, ITVX and Channel 4 will be designated as 'Tier 1' services, requiring compliance with new VoD standards and accessibility codes similar to traditional broadcaster requirements. The standards code will mandate accurate and impartial news reporting and protection against harmful content, while the accessibility code requires 80% of catalogue content to be subtitled, 10% audio-described, and 5% signed. Ofcom will gain enforcement powers including financial penalties up to £250,000 or 5% of qualifying revenue per breach. The standards code will take effect one year after Ofcom publication, while accessibility requirements must be met within four years with interim targets after two years. Ofcom will shortly commence public consultation on both codes.

DCMS announces two-stage approach to regulate additional television EPGs

The Department for Culture, Media and Sport (DCMS) has announced that it will extend statutory regulation to additional television electronic programme guides (EPGs), to address gaps in audience protection arising from the growth of internet delivered services. Using powers under section 211A of the Communications Act 2003 (CA 2003), the government will introduce secondary legislation to regulate all EPGs provided by operators that already run regulated guides, namely Everyone TV, Sky, Virgin Media and YouView, and to bring within scope portal EPG services accessible through regulated platforms. This will ensure that content accessed via television sets is subject to consistent standards and oversight by Ofcom, including requirements relating to harmful content, due accuracy and impartiality in news, accessibility, public service prominence and fair treatment of channels.