Data Protection & Marketing

Data protection laws in the UK are supplemented in the context of electronic marketing by the Privacy and Electronic Communication Regulations (PECR).

Those organisations engaged in marketing initiatives using a telephone, email and text as a route to market are strongly advised to ensure that marketing activities (particularly those aimed at consumers) do not breach these rules. 

Putting aside enforcement action in relation to personal data security breaches, breaches of PECR are the most common breaches subject to enforcement action by the regulator, the ICO.  In addition to reputational damage through being named and shamed for breach of the rules on the ICO website and in the general press, fines for breaching these rules can be significant.