Guidance on direct marketing using electronic mail
Guidance on direct marketing using electronic mail
Overview
The sending of electronic mail for direct marketing purposes is regulated by the Privacy and Electronic Communications Regulations 2003 (as amended) (PECR).
In October 2022, ICO released new guidance on direct marketing using electronic mail. It explains what electronic email marketing is, the rules that apply to direct marketing using electronic mail and how companies should comply, including topics such as the use of consent and soft opt-in mechanisms as well as bought-in lists to send direct marketing communications.
Why is this significant and what does it mean for me?
If your organisation is sending direct marketing communications over electronic mail, you should follow the guidance unless, in the ICO’s words, "you have a good reason not to (good practice)". At the same time, the ICO recognises that organisations may take a different approach and still comply.
When complying with PECR, organisations should be mindful of the interplay between PECR and the UK GDPR, in particular where the direct marketing involves the processing of personal data. This means that organisations will have to consider taking additional steps to comply with the UK GDPR including with the unqualified right of data subjects to object to any direct marketing communications.
If you have any queries or would like further information, please visit our data protection services section or Christopher Beveridge.