The Information Commissioners Office (ICO) has published new guidance on direct marketing, explaining how the activity in its various forms is regulated by the Data Protection Act (DPA) and Privacy and Electronic Communications (EC Directive) Regulations (PECR). A direct marketing checklist and at-a-glance guide to the different rules on marketing calls, texts, emails, faxes and mail accompany the full guidance and are intended to assist small businesses in particular to achieve compliance. In terms of the status of the guidance, it is noted within its terms that it contains the ICO's "general recommended approach, although individual cases will always be decided on the basis of their particular circumstances". The guidance focuses on the complex issue of obtaining consent before engaging in direct marketing and examines the different methods by which this can be achieved. The guidance also provides direction in respect of distinct activities or parties affected by the direct marketing rules, including: market research and "sugging" (selling under the guise of research), charities and political parties, lead generation and marketing lists.
Click here for a copy of the guidance and here for a copy of the checklist and at-a-glance guide.
For more information, please contact Harry Small or Matthew Vaghela.