Postal data meaning

The Investigatory Powers Act 2016 (IPA 2016) revamped the legal regime regulating covert surveillance by public authorities. IPA 2016 superseded large parts of the framework previously, though not solely, contained in the Regulation of Investigatory Powers Act 2000 (RIPA 2000). See Practice Note: The regulation of intelligence gathering—an introductory guide. This note outlines the offences introduced by IPA 2016. For details of general sentencing limits in a magistrates’ court, see Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction... Section Offence Statutory defence Maximum sentence IPA 2016, s 3 — Unlawful interception: a person, by conduct in the UK, deliberately intercepts a communication during its transmission without lawful authority. Defence: where the individual has the right to control the operation or use of the system, or had that person’s express or implied consent to carry out the interception. Maximum sentence: on summary conviction, a fine; on indictment, up to two years’ imprisonment and/or a...

A checklist to capture instructions from either a franchisor or a franchisee in relation to a proposed franchise agreement, covering parties, general matters and background. PARTIES Full legal name and full postal address of the franchisor If the franchisor is a limited company, please state its registered office address, company registration number and accounting reference date If the franchisor is not incorporated, on what date are its accounts prepared each year? Will franchisees operate as sole traders, traditional partnerships, LLPs, or limited companies? Is a guarantor required for the franchisees’ obligations under the agreement? Where franchisees are companies, does the franchisor insist on a personal guarantee from the principal shareholder, to secure recovery of any potential losses or damages? Must the franchise be owner-run, or is it intended as a management model? GENERAL Brief outline of the franchisor’s business, and the proposed franchise activity if different For how long has the franchisor carried...

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...

This decision tree sets out a logical route to assess whether you may carry out postal direct marketing and, if so, who you can target. For other types of marketing, refer to: Direct marketing decision tree—email and other electronic mail marketing—data protection and Direct marketing decision tree—live telephone calls—data protection. Direct marketing is the communication—by any means—of advertising or marketing material directed at specific individuals. Note 1—personal data and corporate targets Postal marketing addressed to named individuals taken from your customer database involves processing personal data. The scope of personal data is broad enough to capture business-to-business marketing, particularly post sent to named individuals in their professional role: ‘Personal data’ covers any information relating to an identified or identifiable natural person...

In this issue: Brexit headlines Brexit SIs Post-Brexit transition guidance Constitutional and administrative law State accountability and liability Judicial review Equality and human rights State security and intelligence Information law Public procurement Subsidy control and State aid Management and strategic planning LexTalk®Public Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines Brexit Bulletin—NIO unveils policy paper on safeguarding the Union. The Northern Ireland Office has issued a policy paper intended to bolster the UK Internal Market and the Union for the long haul, whilst enabling the UK to benefit from EU freedom. Building on the Windsor Framework, it spans seven chapters, setting out progress so far, outlining a new suite of measures, and detailing forthcoming steps. See: LNB News 31/01/2024 79. Brexit Bulletin—Withdrawal Agreement Joint Committee draft decision released. The Prime Minister's...

Kevin Hollinrake outlines Post Office legislation Kevin Hollinrake, the minister responsible for postal matters, confirmed in a written update to Parliament, setting out the boundaries of the planned law, that ministers intend to push the bill through “as soon as possible” ahead of the summer recess. He warned MPs the measure will probably clear some individuals who did, in reality, commit offences, describing this as a price worth paying to secure the exoneration of many who are blameless. Faulty data from the Post Office’s Horizon system, which for years misreported branch shortfalls, underpinned the wrongful prosecution of hundreds of sub-postmasters between 1999 and 2015. More than 100 sub-postmasters previously found guilty have subsequently seen their convictions quashed, yet a significant number are still waiting for redress. Many are still awaiting justice and formal exoneration...

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...

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...

ARCHIVED: This Practice Note has been archived and is no longer maintained. For guidance on the acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016 (IPA 2016), see Practice Note: Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016. IPA 2016 sets the current legal framework for public authorities’ use of covert surveillance. Much—though not all—of this regime previously appeared in the Regulation of Investigatory Powers Act 2000 (RIPA 2000). The rules on retaining communications data are contained in IPA 2016, Pt 4. Part 4 permits telecommunications and postal operators to retain communications data so that, where authorised under IPA 2016, public authorities can access it subsequently. For more on IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. Powers to require retention of certain types of data Under IPA 2016, s 87, the Secretary of State may give a retention notice requiring a telecommunications operator to keep ‘relevant communications data’, provided that at least one of...

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...