Direct marketing meaning

The Financial Conduct Authority’s (FCA) Consumer Duty The Financial Conduct Authority’s (FCA) Consumer Duty sets a high bar for the care firms must deliver to retail customers. It has applied to new and existing products and services open to sale or renewal from July 2023, and to closed-book products and services from July 2024. The FCA continues to release materials to support firms with implementing and embedding the Consumer Duty. This timeline summarises publications and developments connected to the Duty. The Duty comprises high-level, outcomes-focused requirements that apply to firms operating in retail markets for regulated financial services and products. It covers all firms involved in the creation, provision, operation, marketing, or distribution of products and services offered to retail customers—whether or not a direct customer relationship exists with the end user. For fuller information on the FCA’s Consumer Duty and its constituent parts, see Practice Note: The FCA Consumer Duty—essentials and checklists: The FCA Consumer Duty Checklist—implementation and The FCA Consumer Duty Checklist—information sharing in...

Checklist Use this Checklist when assessing online advertising terms and conditions, where a publisher (the owner of a website, app or other digital platform) sells advertising space on its platforms to advertisers (brands or advertising/media buying agencies acting for those brands) on a direct basis (Programmatic Direct). Where appropriate, this Checklist may operate as the starting point for straightforward, non-binding heads of terms. For direction on preparing these, see Precedent: Heads of terms—commercial contracts. For a specimen set of a publisher’s standard terms, see Precedent: Online advertising terms and conditions. As you work through the Checklist, the third column can be used to note observations or comments. Employ it to record notes while progressing through each item. Further information Notes (if any) Parties ☐ Verify each party’s legal status and whether the advertiser will contract in its own capacity or via an advertising agency. In some situations an advertiser will enter into the agreement itself; in others, it may appoint an...

This Practice Note sets out detailed, relevant guidance on the principal legal and regulatory compliance obligations that a website operator should take into account within the EU, covering the following areas: the type and functionality of the website information disclosure requirements consumer protection data protection and privacy cookies accessibility cyber security platform-to-business online payments advertising, promotions and direct marketing AI competition law taxation liability for third party content intellectual property and observance of copyright geographic and territorial considerations Topics such as electronic data interchange (EDI), blockchain, smart contracts, or sector-specific laws and regulations—including those relating to financial services, intermediation services, or online auctions—fall outside the scope of this Practice Note. This Practice Note addresses only legislation that has been adopted to date by the EU. For further details on ongoing initiatives that may materially affect websites operating in the EU, also see Practice Note: Key EU digital...

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...

This Flowchart This Flowchart helps determine the appropriate rate of stamp duty land tax (SDLT) for the transaction in question. Different SDLT rates may apply to purchases depending on the property type (residential, non-residential (commercial property), or mixed-use property). Use this Flowchart in conjunction with Practice Note: Rates of SDLT. This Flowchart proceeds on the basis that: the buyer is acquiring a single property and the purchase is not linked with any other transaction. For further detail on linked transactions, see Practice Note: SDLT chargeable consideration—Linked transactions no relief from SDLT applies to the transaction...

This decision tree sets out a logical route for deciding whether you may undertake email marketing and, if so, who you can contact. It is just as applicable to text and SMS activity. Separate trees cover postal and live telephone direct marketing—see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—live telephone calls—data protection. Of all marketing channels, electronic marketing is the most demanding from a regulatory perspective. You must comply with the UK General Data Protection Regulation (UK GDPR) and the Privacy and Electronic Communication Regulations 2003 (PECR 2003). PECR 2003 applies different rules to different electronic marketing methods, depending on your audience and the goods/services being promoted. You must also meet the relevant UK GDPR obligations. For more guidance, see the following Practice Notes: Direct marketing compliance—Electronic mail How to handle personal data for direct marketing Direct marketing—UK GDPR and PECR 2003 interplay What is electronic mail direct marketing? Direct marketing is the communication, by any means, of...

In this issue: Advertising, marketing and sponsorship Agency and distribution Consumer protection Contracts Contractual joint ventures International Daily and weekly news alerts Dates for your diary Trackers New and updated content Advertising, marketing and sponsorship ASA rulings—19 March 2025 A single complaint was made to the Advertising Standards Authority (ASA) about Haven Leisure Ltd’s claims on holiday pricing. The ASA upheld the complaint. See: LNB News 19/03/2025 11. Agency and distribution Recovery Partners GP Ltd v Rukhadze [2025] UKSC 10 The Supreme Court dismissed the appellants’ appeal against an order to account for profits earned in breach of duty; they were employees of the respondent companies and owed fiduciary duties. The court affirmed strict adherence to the fiduciary ‘no profit’ rule, rejecting arguments for a ‘but for’ causation test and for counterfactual enquiries into whether the gains could have been authorised if consent had been sought. See: Recovery Partners GP...

In this issue: Advertising, marketing and sponsorship Agency and distribution Consumer protection Contracts E-commerce International Public procurement Supplier management LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—31 July 2024 The Advertising Standards Authority (ASA) has flagged the Person(s) unknown trading as Mendio Life for inquiry after insights from its Active Ad Monitoring system. A Meta promotion by Mendio Life for an acupressure clip asserted medical effects for a device lacking the necessary conformity marking and absent from the Medicines and Healthcare Products Regulatory Agency (MHRA) register. This decision sits within the ASA’s wider work on advertisements asserting treatment for prostrate issues, as part of a consumer-protection drive against such claims. The ASA also received a complaint about Nultqh GB’s Meta advert for a prostate patch, which advanced medicinal claims for an unlicensed item. The...

In this issue: New technologies Internet Media Advertising, marketing and sponsorship LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Useful information New technologies Getty Images drops Stability AI copyright infringement claims from UK trial MLex reports that on 25 June 2025 Getty Images abandoned its direct copyright infringement claims against image generator Stability AI during the first day of closing submissions in a landmark three‑week High Court hearing in London. It is still pursuing allegations of trade mark infringement, passing off, secondary copyright infringement and issues around licensing, yet the move is a setback for the UK’s creative sector, which had sought clear precedent to provide broad copyright protection in the UK against AI models’ web scraping. See: Getty Images drops Stability AI copyright infringement claims from UK trial. IAB Tech Lab proposes framework for AI content usage compensation...

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...

Film and TV glossary A–B Film and TV glossary E–H Film and TV glossary I–L Film and TV glossary M–P Film and TV glossary R–S Film and TV glossary T–W CAP Code for non-broadcast media The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) serves as the principal framework governing non-broadcast adverts, promotional sales activity and direct marketing messages. It is drafted by the Committee on Advertising Practice (CAP), a self-regulatory body whose membership comprises organisations representing advertising, sales promotion, direct marketing and media industries. The Advertising Standards Authority (ASA) polices the CAP Code and may require the withdrawal or amendment of any advertisement that contravenes these standards. Refer to Practice Note: Advertising law and regulation. Channel 4 Channel 4 operates as a ‘publisher-broadcaster’: it produces no programmes internally, commissioning content from production companies across the UK. Cinematograph film Under the Copyright Act 1956 (CA 1956), films gained protection as...

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...

1 Introduction 1.1 This direct marketing policy is for members of staff engaged in direct marketing activities. It offers high-level guidance on data protection law relevant to direct marketing and sets out the internal procedures we have put in place to ensure we comply with the law. 1.2 Direct marketing is significant. It is a core part of our business operations and can help our business to grow. It can also enhance the customer experience by making people aware of new products and services they may value, and by giving them opportunities to participate in events or take up offers. 1.3 That said, direct marketing can create nuisance for people and, in some instances, may even lead to distress. 1.4 We conduct our business with integrity and in an ethical way. We are committed to ensuring our direct marketing complies with the data protection regime and is undertaken responsibly. As well as supporting business growth, practising ethical direct marketing will strengthen trust and confidence in our...

1 General information Review date [ Insert date ] Reviewer(s) [ Insert name(s) ] 2 Data analysis Criteria During the past [ insert period, eg quarter ] Across the previous 12 months Total complaints received [ Insert number ] [ Insert number ] Categories of complaints received ☐ No reply to a data subject request—[ insert number ] ☐ Incomplete reply to a data subject access request (DSAR)—[ insert number ] ☐ Personal data security incident—[ insert number ] ☐ Incorrect personal data—[ insert number ] ☐ Unsuitable data sharing—[ insert number ] ☐ Direct marketing—[ insert number ] ☐ Retaining data for too long—[ insert number ] ☐ Using personal data for purposes not notified to the data subject ☐ Going beyond the scope of consent—[ insert number ] ☐ Other—[ insert number ] ☐ No response to a data...

Precedent training aid presentation This Precedent training aid presentation is designed for private sector organisations in the UK and addresses members of staff engaged in direct marketing activities. It offers high-level guidance on data protection legislation relevant to direct marketing. Please click to access the PowerPoint presentation. The majority of commercial organisations undertake some form of direct marketing, including postal direct marketing, live telephone direct marketing or email direct marketing...

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)...