The Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 regulate paper-based and electronic direct marketing.
The DPA and PECR rules are complex and the Information Commissioner has recently taken enforcement action, including issuing large monetary penalty notices, against organisations that do not comply. On top of this risk, there are reputation issues at stake. Poor marketing practice can damage your brand perception, leading to loss of business and fundraising opportunities.
We assist your business or charity keep its head above water when it comes to engaging in direct marketing activity and allowing you to maximise on opportunities, while protecting your reputation.
Here are some examples of the types of Direct Marketing Law Solutions that we offer:
Devising compliant paper-based (postal mail) and electronic (e-mail, fax and social media) direct marketing strategies that meet DPA and PECR requirements
Advising on the types of activities that could constitute direct marketing for DPA and PECR purposes
Using “bought in” contact lists for direct marketing purposes
PECR prior consent requirements and developing compliant documentation, including terms and conditions, application and consent forms (on- and offline)
Selling, licensing and sharing contact databases for direct marketing purposes