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Direct marketing: data protection and e-privacy rules (DPA 1998 and PECR)
Practical Law UK Practice Note 5-200-8860 (Approx. 34 pages)
Direct marketing: data protection and e-privacy rules (DPA 1998 and PECR)
by Quentin Archer, Hogan Lovells
| Law stated as at 22 May 2018 • United Kingdom |
A practice note which explains the data protection and e-privacy rules that apply to direct marketing activities.
Note: With effect from 22 May 2018, this resource is no longer being maintained. UK data protection law will change on 25 May 2018, when the EU General Data Protection Regulation (GDPR) will replace the current regime established by the Data Protection Act 1998. It will be supplemented by the Data Protection Bill (once it receives Royal Assent) (see Data Protection Bill 2017-19 legislation tracker). We are therefore focusing on updating existing resources and publishing new resources to reflect the GDPR (see GDPR: Practical Law coverage).
The European Commission is reviewing a related piece of legislation, the E-Privacy Directive (2002/58/EC), implemented in the UK by the Privacy and Electronic Communications Regulations (2003/2426) (as amended) (PECR). Their replacement, the draft E-Privacy Regulation (COM (2017) 10 final) (ePR), will not be agreed in time to align with the GDPR on 25 May (see Legal update, Government confirms delay to draft E-Privacy Regulation and Draft E-Privacy Regulation tracker). The Information Commissioner's Office (ICO) has confirmed that PECR (with GDPR standard of consent) will continue to apply until the ePR is finalised and it is updating its guidance. For further information and ICO guidance see Practice note, Overview of GDPR: UK perspective: Direct marketing and draft E-Privacy Regulation.
For legal developments affecting the current regime between 22 May 2018 and 24 May 2018, please refer to the legal updates on the topic page for this resource: see GDPR and data protection reform, Direct marketing and Cookies.