Put simply…
PECR restricts unsolicited marketing by telephone, fax, email, text, or other electronic messages. There are different rules for each type of communication. In general, the rules are stricter for personal marketing than for business marketing.
Sending unsolicited direct marketing often requires special consent. The best way to obtain valid consent is to ask your customers to check an opt-in box confirming that they are happy to receive marketing calls, texts, and emails.
More details…
What is “direct marketing”?
Direct marketing is defined in section 122(5) of the Data Protection Act. 2018 As:
“Communication of advertising or marketing materials (by any means) directed to a specific individual.”
This includes all advertising or promotional materials, including those that promote the nonprofit organization's goals and ideals. Examples include charities and political parties that campaign for support and funding.
Marketing must be targeted to specific individuals. In reality, all relevant electronic messages (phone calls, faxes, texts, emails, etc.) fit this definition because they are addressed to someone.
Genuine market research is not considered direct marketing. However, if the survey contains promotional material or collects details for use in future marketing campaigns, the survey is for direct marketing purposes and the rules apply.
Regular customer service messages do not count as direct marketing. That is, communications with customers to provide necessary information regarding current contracts or past purchases, such as information about service interruptions, delivery arrangements, product safety, changes to terms and conditions, etc. customs duties). Generic branding, logos, and strap lines within these messages are not considered marketing. However, if the message contains important promotional materials intended to persuade the customer to purchase additional products or services or renew an expiring contract, the message may contain marketing materials. are included and rules apply.
What types of electronic marketing are covered?
PECR covers marketing by telephone, fax, email, text, or other types of “email.”
There are different rules for live calls, automated calls, faxes, and email (including email and text messages).
The PECR Marketing Code does not apply to other types of marketing, such as mailshots or online advertising.However, you must always comply with data protection laws and the UK's GDPR. Additionally, if cookies or similar technologies are used in online advertising, cookie provisions may apply.
When is marketing “solicited” and when is marketing “unsolicited”?
Most of the rules for PECR applies only to unsolicited marketing messages. It does not limit solicitation marketing.
Simply put, solicitation messages are messages that are actively requested. So if someone specifically asks you to send them some information, you can do so without worrying about PECR (although you do have to tell them who you are). Display your number when making a call, (Provide contact address).
Unsolicited messages are messages that are not specifically requested. So even if a customer “opts in” to receive marketing from you, it still counts as unsolicited marketing. Opting in means the customer consents to future messages (and may also mean the marketing is compliant with her PECR). However, this is not the same as someone contacting you specifically to request specific information.
This does not make all unsolicited marketing illegal. You may send unsolicited marketing messages as long as you comply with PECR.
What counts as consent?
In many cases, you will need someone's consent before you can send them a marketing message. Where consent is required, consent must be intentionally and freely given, clear and specific to be valid. It should cover both your specific organization and the type of communication you want to use (phone calls, automated calls, faxes, emails, text messages, etc.).It requires some form of very clear Positive actions – for example, checking a box, clicking an icon, or send email – and the person must be fully aware that they are agreeing with you. If you only provide marketing information as part of a privacy policy that is hard to find, hard to understand, or rarely read, you can't provide consent.
The clearest way to obtain consent is to ask your customers to check an opt-in box confirming that they are happy to receive marketing calls, faxes, text messages, or emails.
There should be clear records of what individuals consented to, when and how consent was obtained so that compliance can be demonstrated in the event of a complaint.
You should be very careful when relying on consent obtained indirectly (Consent originally given to a third party). A check must be made to specifically confirm that the consent is valid. identify you. General consent for third parties is do not have sufficient.
Please note that customers have the right to withdraw their consent at any time. It should be easy to withdraw consentand tell me how.
What is the difference between “opt-in” and “opt-out”?
“Opt-in” means that you must take a specific positive step (such as checking a box, sending an email, or clicking a button) to indicate that you want to be marketed to you. Masu. “Opt-out” means you must take active steps to opt out or unsubscribe from marketing.
Some organizations offer opt-in boxes that are automatically pre-checked. however,The UK's GDPR makes it clear that it is pre-checked. don't give anything valid consent.
you must use of “Positive” How to obtain consent. We recommend using unchecked opt-in boxes whenever possible.
Does the rule apply to business-to-business marketing?
Yes, but there are different rules for marketing to businesses and marketing to individuals (including sole traders and some partnerships). In general, the rules regarding marketing to businesses are not very strict.
For more information, see our separate guidance on B2B marketing.
What rules apply? International marketing campaign?
If you send a message to a country outside of the UK, you must also comply with that country's laws. Currently, EU countries have very similar laws to ours, based on the Electronic Privacy Directive. Some of these regulations are even stricter than UK regulations, particularly when it comes to marketing to businesses.
We cannot provide guidance regarding the laws of other countries. If you wish to conduct an international marketing campaign, you should seek independent legal advice.
What if you paid someone else to do your marketing for you?
You are both responsible for complying with PECR. Even if someone else actually made the calls or sent the messages, you are still responsible because you are “inciting” those calls or messages. If we need to take enforcement action, we will usually take legal action against you as the instigator. In some cases, we may consider taking action against specialist subcontractors if they deliberately or persistently ignore the rules.
You need to make sure you have a written contract that sets out the contractor's responsibilities. You can also ask your contractor to indemnify you (protection against loss) for violating the PECR. If you breach the law and risk legal enforcement action (and reputational damage from customers), you may be able to seek legal advice about taking action for breach of contract. However, compensation is not a substitute for proper inspection of the contractor. Remember that your name and reputation are still at stake.
Entering into a written contract with a contractor your contract Obligations under the UK GDPR.Please refer to the attached sheet UK GDPR guide For more information contract.
