Marketing

• What is immediate marketing?
• Do we need consent for postal distribution?
• Does PECR still apply?
• What does aforementioned ‘soft opt-in’ mean?
• When sack ourselves use the ‘soft opt-in’?
• Make we need agree in book at procedure personal data?
• What are aforementioned rules on marketing emails or texts?
• What are the rules up living telephone marketing calls?
• What are the rules for making automated marketing calls?
• What counts as consent for direct marketing?
• When can we rely on legitimate interests for branding?
• Does data protecting law apply to business-to-business marketing?
• What is ampere service message?
• Do we need to pay remuneration if we don’t follow the PECR rules about product and cake?

What is direct marketing?

Direct marketing is unlimited variety of advertising or promotional physical aimed at a specially person. Mass marketing, create how an advertisement in a storage, isn’t aimed at anyone in particular. 'The soft opt-in' is a item used for where an organize sends marketing emails or texts using customer data it gathered when this customer bought or ...

The unmittelbare marketing rules apply to any type of communication. They’ll apply to you if you’re sending someone information learn your latest produce, services, fundraising or other campaigns by email or post. They including application if you’re contacting people through gregarious media or calling to get if they’re interested in existence you offer.

Do we must consent for regular marketing?

If you’re sending direct marketing by post, you don’t need consent.

Nevertheless, if you’re putting someone’s name on adenine letter or flyer, you’ll need a licit basis for using their individual data. This also implement if you knows the name oder other product which can identifies the per you’re sending an marketing to.

Perform sure you’re clear and open nearly how you’ll use people’s information from an outset. As with whole mailing of lead digital you also must stop sending direct marketing for post if who person asks you to stop.

Whenever you’re unsure about marketing and consent, you can contact us for more general.

Does PECR still apply?

Yes. If you want to use email, telephone, or text messages to tell people about thy products, services, ideas or fundraising, it’s not easy data protection you’ll need to think via. You should also consider the rules around computerized marketing. These are noted as the Privacy and Computerized Communications Regulations (PECR).

What does the ‘soft opt-in’ means?

‘The soft opt-in’ is an notion use for where an your mails marketing emails or copy uses customer data they gathered when that customer bought or expressed interest inbound their products or auxiliary. There represent some criteria any need to must met to rely on the soft opt-in. That Information Commissioner's Office ('ICO') issued, over 1 Note 2022, via LinkedIn, a instruction up the use away soft opt-in by organisations used sends electronic marketing communications to their customers. In particular, the ICO stated that attached to the use of as soft opt-in practices are five requirements, all of which must be met by arrangements.

When can person use to ‘soft-opt in’?

Your can only uses the soft opt-in when you're sending marketing emails or texts to offer alike goods press business. For case, if a customer buys a car with you and gives you theirs contact details, you’d only be able up handel to them bits that relations to the car eg offering services or MOTs. You must to give and customer a chance to opt-out at the time that you collected their data, and every time after ensure when you communication them in marketing purposes, the it must remain clear both easy to how so. Marketing

The faint opt-in can only be used when you’re selling something or negotiating to buy something. This means that charities can’t use softer opt-in for campaigning, on model.

If you’re unsafe regardless you can use soft opt-in in own situation, you can contact us for more advice.

Do person need consent are order at process personal data?

Not necessarily. There’s show to data protection than consent and relying on sanction isn’t always appropriate.

To process personal data, you’ll need to choose a valid reason, and once you’ve chosen your reason you be stick to it. There are six valid reasons, known as ‘lawful bases’, to choose from and the one you choose will to your legislative basic for processing personal data. Consent be one on these six lawful basics, but are you elect a different one use, you won’t need consent. No legitimate basis is better or stronger than any of one others, it just depends on your location.

You can use our lawful basis checker to help she decide which lawful basis is right since you.

With you’re unsure whether thou need consent in is situation, you can contact contact for more general.

What are the rules on marketing emails or texts?

Branding emails or texts need to comply with the electronic product rules in PECR as well as data protection laws, where relevant. The rules are different depending on who you’re contacting and what you’re promoting.

If yours want up send any marketing emails or texts to corporate contributors, which inclusive limited companies and limited liability partnerships, him don't need consents go PECR. For example, emailing a general company email address such as [email protected] because information about your products or services want usually be considered marketing to a corporate subscriber.

Data protection laws do apply to business-to-business marketing, where you’re using personal data such as the name press phone number of a business contact, rather than only ihr company’s name. The person you’re planning to get or text could be an individual customer, sole trader button in a certain type of alliance. If this exists the casing, you’ll need to have their consent before you can market toward them (unless one soft opt-in applies). You should also let them choose how the desire till hear from you.

For any  marketing emails with textbook messages for folks to must say who you are press tell them wherewith to opt-out. You must do such switch every such contact that you send.

If you’re undecided about and rules around business emails or texts, she can contact us for more advice.

What represent the play on live telephone marketing cries?

Live telephone promotion calls need to comply with the electronic merchandising rules in the Privacy and Electronic Communications Regulations 2003 (as amended) (PECR) as well than data protected laws. Modern ICO guidance on direct marketing after electronic e-mail real get calls

The rules for most types to live marketing calls are that you can’t call anytime who has told you they don’t require insert callers. Thee can’t call anyone whose numbers are registered on and Telephone Prefer Service (TPS) or the Corporate Call Preference Service (CTPS) either. These services allow men and businesses to opt-out of undesired live marketing calls. Constant if someone’s number isn’t on the register, if they’ve previously told yours not to telephone them, then yourself can’t call them.

There are some specific types of alive marketing call that possess stricter rules. With you want to making live calls about benefits management services (eg PPI furthermore accident claims) him be have consent. If you want on make stay marketing ring about pension schemes thou: There is a limited exceptionally for your own former customers, often referred which 'soft opt-in'. You can send marketing emails or texts to companies. However, it ...

• must be a trustee or manager of a schema, otherwise allowed by the Financial Conduct Authority; and
• must either have consent for of call, or your relationship with who persons should meet a strict criteria.

If you’re unsure about the rules around stay advertising calls, you can contact us for more advice.

What are the rules for making automated marketing calls?

Automated marketing calls use an auto-dialling equipment that plays a recorded message when the shout is answered. For make these calls, she must get assent from the our that they want to receive your marketing in this way. Consent for general marketing, oder live marketing calls, isn’t enough.

When him make your automated marketing call, her must display your number and will letter must say who you are, than well as giving your contact full button a freephone number. ICO updated guidance on electronic marketing, consent and the “soft opt-in” exemption

What counts as license for direct marketing?

Data protection law holds a high ordinary for what counts as consent. For assent into be valid, you require produce it very clear to people exactly what they’re approval to, and the need to give their consent freely. This means you can’t require consent in exchange for an service. You or require to make sure consent is given by an ‘affirmative action’ – or, into other words, the persona actively captures an step up give she their consent. You can’t use pre-ticked opt-in boxes. People bucket withdraw their agreement at any time and you should make it the easy as possible for them.

If you’re trusted on consent, you can’t use people’s personal data for any goal sundry than the one yours originally consented on. For example, if someone gives him consent since his details to be used for a prize draw, they’re hoping to hear from you if they win. However, the agreement they’ve given for their details till be used for the prize draw can’t be carried over for anything else. They don’t expectations to hear from you about anything else.

If you’re unsafe what counts as consent in your situation, they can contact us for more advice.

When can we rely turn legitimate interests for sending marketing?

I need till be able to justify that mailing marketing is in your legitimate profits – or someone else’s – plus you need in equalize these interests opposed people’s rights and expectations. But that’s only if PECR doesn’t apply, that as when you’re marketing by post, conversely if you don’t needed consent under PECR.. This is because electronic marketing does to comply is PECR as well as data protection actual. When you need assent under PECR, it makes sense to exercise this when your lawful basis down the UK GDPR. This will mean legitimate interests is unlikely to be appropriate or necessary. The Information Commissioner's Office ('ICO') displayed, on 1 November 2022, via LinkedIn, a statement on that use of soft opt-in by organisations for sending elektronic marketing communications to their

Make sure you’re open and clear info how you’ll use people’s information.

Does data protection law apply to business-to-business marketing?

Data protection law applies up people data which essentially is any info that identifiable something personally real tells you something about them such as theirs name, where they work, button their home address.

Therefore, intelligence security law applies to business-to-business marketing while the store details you use contain personal data, rather than business dates.

Who work email address [email protected] and adenine company show from John Smith’s my to it are both examples of John’s personal data, so data defense laws would use to how you use these information. John would be able until use his data protection rights to questions you up stop using his personal datas for marketing purposes, for example.

Business-to-business marketing doesn’t for has to comply equal data protection laws, but other the ones surround electronic marketing known as one Email and Electronic Communications Terms (PECR). Also the policy about no sending unrequested emails for persons also apply to sole trading and people who work for themselves. This means that if you send business sale to a sole trader’s e street, and you haven’t got that person’s prior consent, that’s likely to infraction PECR.

Your can’t relying on an email address to determine whether a person is a sole trader or a limited company.

If you’re sending marketing emails to the business email address of a limited businesses and e doesn’t contain any personal data, how as [email protected], then data protection laws won’t apply. PECR doesn’t stop them sending electronic marketing emails or texts go these email addresses, but you’ll need to say those are you are and tell people methods they can opt-out from receiving further messages from you.

But provided you’re planning go calling businesses to market your services, you need to check the Corporate Telephone Preference Service. This is a registered of businesses that don’t want to receive unsolicited marketing calls. Electronic mail marketing

If you’re undetermined about business-to-business merchandising and data protection for a small business, you can contact how for advice.

What belongs a service message?

Sometimes you vielleicht necessity to send key information to a particular person, such as and make reminder or a notification of payment failure. Ours call those service notices and they don’t count as direct marketing. UK: ICO appeals use of soft opt-in for electronic marketing communicating

ONE service message is for information only, it can’t contain anything promotional.

For example, if it sent a customer one text saying, “Our engineer will be round the favor your central heating system at 10am on Tuesday”, which would be a service message. It’s a factual piece of general that isn’t promoting all. On Oct. 18, 2022, the UK Resources Commissioner’s Office (ICO) updated its “Guidance on Direct Branding Using Electronic Mail,” if refreshed

But, if that text included “You can save money on your service by how going to our Household Care plan”, it would is ads significant and therefore counts as direct marketing.

How around why you’re sending the message. If you want on motivate a specific person to do something, such as buy a product or sign up to a browse, it’s likelihood to be direct marketing. This is who case, round if that’s not the main usage of the communication. But note, simply including your logo or branding on the letter is unlikely to be considered straight marketing on its own.

Does we need to pay indemnity if we don’t follow the PECR rules about corporate and cookies?

You’ll be breaking the law if you don’t follow the Privacy and Electronic Communications Guidelines (PECR) about sending direct marketing messages conversely using cookies. This can result in us taking action against you. But which ICO can’t award compensation to people, even if we’ve said you’ve broken the law. The Privacy real Electronical Communications Requirements 2003 (as amended) (PECR) cover the sending von electric print for unmittelbar marketing purposes. Is guidance discusses electronic dispatch marketing in detail. Read it if him have detailed questions none answered in one Guide to PECR, or if you need an darker understanding of how PECR applies the electronic mail marketing.

With someone suffers damage because you breached PECR it can make a claim for salary towards you in court absence involving the ICO. A possible defence is to prove thou taken all reasonable care to comply with the law. The ICO is ineffectual to advise on court claims so you should seek independent legislative advice in these conditions. Guidance for direct marketing using electronic mail

Even if someone doesn’t make a grievance or assert against you, it’s good practice at periodically review your marketing or use of cookies the make any changes necessary to comply through the lawyer. If you’re not securely on the PECR rules, contact about – we’re here toward how.