This does not make all unsolicited marketing unlawful. But this is not the same as someone specifically contacting you to ask for particular information. An opt-in means the customer agrees to future messages (and is likely to mean that the marketing complies with PECR). So even if the customer has ‘opted in’ to receiving marketing from you, it still counts as unsolicited marketing. So if someone specifically asks you to send them some information, you can do so without worrying about PECR (although you must still say who you are, display your number when making calls, and provide a contact address).Īn unsolicited message is any message that has not been specifically requested. Put simply, a solicited message is one that is actively requested. They do not restrict solicited marketing. Most of the rules in PECR only apply to unsolicited marketing messages. When is marketing ‘solicited’ and when is it ‘unsolicited’? However, if the message includes any significant promotional material aimed at getting customers to buy extra products or services or to renew contracts that are coming to an end, that message includes marketing material and the rules apply. General branding, logos or straplines in these messages do not count as marketing. Routine customer service messages do not count as direct marketing – in other words, correspondence with customers to provide information they need about a current contract or past purchase (eg information about service interruptions, delivery arrangements, product safety, changes to terms and conditions, or tariffs). However, if a survey includes any promotional material or collects details to use in future marketing campaigns, the survey is for direct marketing purposes and the rules apply. Genuine market research does not count as direct marketing. In practice, all relevant electronic messages (eg calls, faxes, texts and emails) are directed to someone, so they fall within this definition. The marketing must be directed to particular individuals. This covers all advertising or promotional material, including that promoting the aims or ideals of not-for-profit organisations – for example, it covers a charity or political party campaigning for support or funds. “the communication (by whatever means) of advertising or marketing material which is directed to particular individuals”. What if we pay someone else to do our marketing?ĭirect marketing is defined in section 122(5) of the Data Protection Act 2018 as:. What rules apply to international marketing campaigns?.Do the rules apply to business-to-business marketing?.What is the difference between ‘opt in’ and ‘opt out’?.When is marketing ‘solicited’ and when is it ‘unsolicited’?.What kinds of electronic marketing are covered?.The best way to obtain valid consent is to ask customers to tick opt-in boxes confirming they are happy to receive marketing calls, texts or emails from you. You will often need specific consent to send unsolicited direct marketing. The rules are generally stricter for marketing to individuals than for marketing to companies. There are different rules for different types of communication. PECR restrict unsolicited marketing by phone, fax, email, text, or other electronic message.
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