The Data Protection Act defines direct marketing (DM) as:
“the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals”
This includes marketing commnications sent by post, email, text messages and telephone.
If you do any direct marketing you must comply with the requirements of:
- the Data Protection Act 1998 (the DPA) and, if the DM is digital,
- the Privacy and Electronic Communications (EC Directive) Regulations 2003 (the PECR)
From the 25th May 2018 the DPA will be replaced by the EU General Data Protection Regulation (GDPR).
It is also expected that the PECR will be replaced on the same date by a new EU ePrivacy Regulation.
These regulations will have a huge impact on many issues, including:
- the potential penalties for non-compliance
- the way in which consent is obtained
- the way in which records of consent are managed
- the use of bought email lists
If you need any help with these please get in touch to discuss ways we can work with you.