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....

Direct Marketing Compliance under UK GDPR and PECR 2003: Practical Risk Management, Governance, Databases and Action Lists

Published by a LexisNexis Risk & Compliance expert

Practice notes

Data protection and privacy law issues are likely

Like many organisations, you may devote considerable time and energy to your marketing efforts, but you must likewise set aside adequate resources to stay compliant with the Rules. In summary, you should weigh the following areas:

data protection and privacy requirements, such as the UK General Data Protection Regulation (UK GDPR) and Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003)
consumer protection legislation—see Practice Note: Consumer protection from unfair trading under the Digital Markets, Competition and Consumers Act 2024
codes of practice, such as the Code of Non-broadcast Advertising, Sales Promotion and Direct marketing (CAP) Code and the Direct Marketing Association Code (DMA Code)
other advertising and direct marketing law, where relevant—see Practice Note: Advertising law and regulation

Non-compliance can have severe consequences. Beyond inviting negative publicity and reputational harm, you face referrals to regulators by customers and rivals. This may prompt action by the Information Commissioner’s Office (ICO), Advertising Standards Authority (ASA), the Direct Marketing Commission and/or the Competition and Markets Authority (CMA), potentially resulting in significant fines, legal proceedings and even criminal prosecution, and further adverse publicity and reputational damage for your organisation plus regulatory referral by customers...

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Web page updated on 22/05/2026

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