ICO publishes new direct marketing guidance (5 December 2022)
3 January 2023
The Information Commissioner’s Office (ICO) has published new direct marketing guidance which includes an array of resources, guidance, FAQs, training and checklists. It is imperative that businesses review the new guidance and ensure that they comply with their obligations under the Data Protection Act 2018 and UK General Data Protection Regulation where personal data is utilised in direct marketing activities.
By way of a brief outline, direct marketing relates to advertising or promotional material which is directed to a specific person (for example, personally addressed post, emails sent to a particular email address, etc.). It does not encompass marketing that is not aimed at any one particular person, such as a generic advertisement in a newspaper.
Direct marketing includes any type of communication, such as emails, text, social media etc. and you are required to hold a lawful basis for processing the individual’s personal data. The Privacy and Electronic Communications Regulations (PECR) still also apply to electronic marketing (such as phone calls, emails and text messages), even where personal data is not involved.
For further information, please see https://ico.org.uk/for-organisations/direct-marketing-guidance-and-resources/
Please contact our commercial team who can provide you with specialist data protection advice:
Paul James
PARTNER
T: 01646 623 589
M: 07583 945 393
F: 01646 682 786
Tegen Quinn
ASSOCIATE SOLICITOR
T: 02922 671 471
M: 07570 824 169
F: 02920 471 211
Alice Johnston
SOLICITOR
T: 029 2049 1271
M: 0781 645 5504
F: 0292 047 1211
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.