The Data Protection Act 2018 (DPA) defines direct marketing (DM) as:
“the communication (by whatever means) of 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 GDPR, the DPA and, if the DM is digital,
- the Privacy and Electronic Communications (EC Directive) Regulations 2003 (the PECR)
In the same way that the Data Protection Act 1998 has been replaced in the UK by the GDPR and the DPA it is also expected that the PECR will be replaced on by a new EU ePrivacy Regulation and some accompanying regulations.
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.