Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Direct marketing definition

What does Direct marketing mean? Direct marketing is the sending of promotional or fundraising communications to identified individuals, for example by email, post, SMS, telephone, instant messaging or in‑app message. In the UK, it is defined in section 122(5) of the Data Protection Act 2018 as communication (by whatever means) of advertising or marketing material directed to particular individuals. In Ireland, the term is used across the GDPR/e‑privacy regime with a broadly equivalent meaning. Key features are that it targets a particular person (including sole traders/partnerships and identifiable employees), and is not limited to sales: charities and political parties promoting aims or campaigns are included....

UK direct marketing compliance: practice note on UK GDPR, PECR (soft opt-in), DUAA 2025, DMCCA 2024, CAP/DMA codes; telephone, email/SMS, social media and postal

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Practice notes

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This PrACTice Note

This Practice Note examines the legal and commercial considerations that stem from Direct marketing activity. It addresses the pertinent provisions of Assimilated Regulation (EU) 2016/679, the United Kingdom General Data ProtECtion Regulation (UK GDPR), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426, and the Data (Use and Access) Act 2025 (DUAA 2025), insofar as they relate to direct marketing (including the soft opt-in), covering live and automated calls, unsolicited email campaigns, text message promotion, and reliance on marketing lists. Alongside the UK GDPR, PECR 2003 and DUAA 2025, it also reviews other regulatory and industry frameworks pertinent to direct marketing. These comprise the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), the Data & Marketing Association’s Code (DMA Code), the Information Commissioner’s Office’s (ICO) comprehensive guidance on direct marketing, and the International Chamber of Commerce’s Advertising and Marketing Communications Code (ICC Code). Regarding data protection dimensions of direct marketing, the analysis rests on the UK GDPR regime, which took effect on 31 December 2020. Part 5 of DUAA 2025 introduced amendments to elements of UK direct marketing law, including changes to PECR 2003...

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Web page updated on 22/05/2026

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