Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“We rely on LexisNexis to give us a definitive answer, quickly and reliable every time so that we can be confident in the advice we use to help our clients.”

Shelter

Access all documents on Automated calls

Automated calls meaning

Published by a LexisNexis TMT expert
What does Automated calls mean?
In legal practice, automated calls are telephone calls initiated by an automated system that dials numbers and plays a prerecorded or synthetic voice message, rather than connecting the recipient to live speech. The term is used across telecoms and data protection contexts and is reflected in legislation: in the UK, the Privacy and Electronic Communications Regulations 2003 (PECR) regulate the “use of automated calling systems” transmitting recorded messages; in Ireland, the ePrivacy Regulations 2011 refer to “automatic calling machines” without human intervention. Key features are that the system (1) automatically dials one or more numbers and (2) transmits a non-live message. In both the UK (England & Wales, Scotland and Northern Ireland) and Ireland, using such systems for direct marketing generally requires the prior consent of the called subscriber; there is no soft opt-in. Marketers must identify the caller, provide valid contact details and present caller line identification. Non-marketing uses (for example, service notifications, fraud alerts or appointment reminders) may fall outside direct marketing prohibitions but remain subject to wider telecoms and data protection requirements. Enforcement is by the ICO (UK) and the Data Protection Commission (Ireland). Automated calls are distinct from live telemarketing calls and from predictive dialler calls that connect...
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Flowcharts about Automated calls

FLOWCHARTS
Live telephone direct marketing decision tree (UK): PECR 2003 and UK GDPR compliance—lawful basis, TPS/CTPS, suppression lists, claims management and pensions bans, identity/transparency duties; excludes automated calls

These Flowcharts These Flowcharts offer direction on the proper method for completing the parts of a stock transfer form that address consideration, stamp duty certification, and execution. They are included within an annotated stock transfer form, which clearly sets out instructions explaining how its sections should be properly filled in...

Read More Right Arrow
FLOWCHARTS
FSMA 2000 (RAO) Article 10: flowchart for when effecting or carrying out contracts of insurance as principal requires PRA/FCA authorisation

This decision tree outlines a logical route for deciding whether you can carry out live telephone marketing and, if permitted, who you may contact. For guidance on other forms of marketing, see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—email and other electronic mail marketing—data protection. Direct marketing refers to the communication (by any means) of advertising or promotional material directed at specific individuals. Live or automated telephone calls? This decision tree is not intended for automated calls, as the rules governing automated calls are far more stringent than those for live calls. You must not make automated marketing calls to an individual unless they have given explicit consent to receive that precise type of call from you. General marketing consent, or consent applicable only to live calls, is insufficient—it must expressly include automated calls. Consequently, there is little value in a decision tree for automated marketing calls—this tree covers live marketing calls only. See Practice Note: Direct marketing compliance—Automated calls. Claims management services ...

Read More Right Arrow

View the related News about Automated calls

NEWS
TMT weekly briefing: UK and EU AI (GPAI) model obligations, Online Safety, automated vehicles, product safety on marketplaces, media reforms, advertising and telecoms—consultations and guidance for UK practitioners

In this issue: New technologies Internet Media Advertising, marketing and sponsorship Telecommunications Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies Commission issues guidelines on EU AI Act obligations for general-purpose AI models On 18 July 2025, the European Commission issued guidelines clarifying how obligations apply to providers of GPAI models under the EU AI Act. Published in advance of the GPAI model rules taking effect on 2 August 2025, they are intended to spell out in detail what providers must do under the law. While not legally binding, the guidelines reflect the Commission’s reading and intended application of the Act, which will inform its enforcement approach. They also sit alongside the General-Purpose AI Code of Practice that independent experts submitted to the Commission on 10 July. See News Analysis: AI developers, users see EU’s guidelines on general-purpose AI models and LNB News 18/07/2025...

Read More Right Arrow
NEWS
UK and EU TMT legal highlights: King’s Speech bills, EU AI Act, DSA finding on X, Online Safety consultation, Ofcom BBC Sounds, CMA green heating guidance—18 July 2024

In this issue: Key developments and materials New technologies Internet Data protection Media Advertising, marketing and sponsorship Reputation management Telecommunications Daily and weekly news alerts Dates for your diary Trackers Useful information Key developments and materials King’s Speech 2024—key TMT announcements His Majesty, King Charles III, outlined the administration’s priorities and intended measures for the forthcoming parliamentary term during the State Opening of Parliament on 17 July 2024. Central strands for TMT comprise creating fresh statutory frameworks to enable the growth and roll-out of cutting-edge data uses via the Digital Information and Smart Data Bill, strengthening the UK’s product safety and metrology regime through the Product Safety and Metrology Bill, and bringing in restrictions to curb advertising and brand presentation for vapes and consumer nicotine products under the Tobacco and Vape Bill. Rosie Burbidge, Partner at Gunnercooke LLP, comments on the Tobacco and Vape Bill. See: LNB News 17/07/2024 84. ...

Read More Right Arrow
NEWS
EU cross-sector legal and regulatory highlights: budget, DMA gatekeeper ruling, GDPR actions, MiCA/MiFID consultations, energy and environment reforms, AI Act and DSA enforcement — 18 July 2024

In this issue EU fundamentals Banking and Finance Competition and state aid Data protection and cybersecurity Financial services Energy Environment IP Life sciences TMT Daily and weekly news alerts New and updated content Trackers EU fundamentals Council of the EU agrees its position on the 2025 EU draft budget The Council of the EU has settled on its stance for the 2025 draft budget, setting overall commitments at €191.53bn and payments at €146.21bn. It underscores the need for the budget to keep demonstrating the EU’s solidarity with Ukraine and to tackle associated crises. The Council argues the budget must be grounded in real needs, practise careful fiscal planning, and retain adequate headroom under the multiannual financial framework (MFF) ceilings to manage unexpected events and confront the Union’s challenges, while still allocating sufficient funding to deliver EU policies and programmes and to honour existing commitments on schedule. It also notes that...

Read More Right Arrow

View the related Practice Notes about Automated calls

PRACTICE NOTES
UK B2C telephone (live/automated) and postal direct marketing: compliance under PECR, UK GDPR and DMCCA 2024, with TPS/MPS screening and self-regulatory codes

This Practice Note serves as a practical ‘how to’ for delivering a compliant B2C telephone and print direct marketing campaign, and points you to relevant materials. It distils the key principles and legal rules governing direct marketing, and explains how they affect print and telephone activity. It also offers hands-on advice on the steps and issues to weigh up before dispatching marketing mailings or placing marketing calls to consumers. Given the variety of routes available for a direct marketing initiative, different legal considerations may arise depending on the campaign’s design, the copy used, the exact media chosen and the jurisdictions in scope. This Practice Note does not cover digital forms of direct marketing, such as social media advertising, mobile and virtual advertising. For a ‘how to’ on running a compliant direct marketing campaign in a digital setting, see Practice Note: How to run a compliant direct marketing campaign—digital. What is direct marketing? ‘Direct marketing’ means the communication, by any method, of advertising or marketing material directed at...

Read More Right Arrow
PRACTICE NOTES
UK direct marketing: UK GDPR, DPA 2018 and PECR 2003 - consent, soft opt-in, B2B/B2C distinctions and channel obligations

This Practice Note This Practice Note offers a high-level overview of the data protection framework relevant to direct marketing, particularly how such activities may give rise to compliance obligations under the Assimilated Regulation (EU) 2016/679, the United Kingdom General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 (DPA 2018) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426. It is aimed at commercial organisations in the UK, with further, scenario-specific guidance signposted. The main difficulty in direct marketing is determining what the UK GDPR and PECR 2003 permit and whether consent is needed, which will differ according to the activity undertaken and the audience targeted. This Practice Note reflects the following ICO guidance: Direct marketing guidance Direct marketing using live calls Making live marketing calls about claims management services Making live marketing calls about pension schemes Direct marketing using electronic mail Guide to PECR, cookies and similar technologies Guide to PECR, what counts...

Read More Right Arrow
PRACTICE NOTES
UK direct marketing compliance under UK GDPR and PECR: postal, telephone and electronic mail, consent and soft opt-in, TPS/CTPS/MPS screening, suppression lists, profiling and record-keeping

This Practice Note This Practice Note offers practical advice on direct marketing, with an emphasis on meeting the requirements of the United Kingdom General Data Protection Regulation (UK GDPR) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003). It addresses telephone and postal marketing, email activity, and other forms of electronic mail marketing. It also clarifies when checks against the Mailing Preference Service (MPS) or the Telephone Preference Service (TPS) are necessary. Drawing on ICO direction, it considers service messages, refer-a-friend promotions, regulatory communications, market research (including ‘sugging’—selling under the guise of research), tracking pixels, marketing databases, suppression lists and preference centres. The core difficulty with direct marketing is working out how the UK GDPR and PECR 2003 interlock; what you may do depends on your chosen tactics and the audience you are targeting. For a quick guide to whether consent is needed, see: Direct marketing decision tree—email and other electronic mail marketing—data protection Direct marketing decision tree—live telephone calls—data protection...

Read More Right Arrow

View the related Q&As about Automated calls

Q&As
Outsourced direct marketing calls: third party or principal?

The organisation must ensure it fully complies with the TPS Assured (Call Centre) Handbook 2016, which specifies that a call centre must disclose its own organisation’s identity whenever requested by a recipient. Regulation 24 of the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) provides the following below: 24 Information to be provided for the purposes of regulations 19, 20 and 21 (1) Where a public electronic communications service is used to transmit a communication for direct marketing, the person using, or causing the use of, that service shall make sure the following information is supplied with that communication— in relation to a communication to which regulations 19 (automated calling systems) and 20 (facsimile machines) apply, the particulars mentioned in paragraph (2)(a) and (b); in relation to a communication to which regulation 21 (telephone calls) applies, the particulars mentioned in paragraph (2)(a) and, if the recipient of the call so requests, those mentioned in paragraph (2)(b)...

Read More Right Arrow