The ICO publishes new resources and guidance for direct marketing

The Information Commissioner’s Office (ICO), responsible for upholding information rights, has published new guidance and resources to assist businesses to conduct direct marketing in line with the UK GDPR, Data Protection Act 2018 (DPA 2018) and Privacy and Electronic Communications Regulations 2003 (as amended) (PECR).

Direct marketing is a useful tool that makes consumers aware of products and services that are available to them. This is done by direct communication via mail, email, social media and phone/SMS texting. Direct marketing can enhance the consumer experience but can also cause nuisance to people, so it is important that it complies with data protection laws.

In line with their ICO25 strategic plan to provide clarity and certainty in what the law requires from businesses, the ICO has published various training and guidance resources, some of which can be summarised as follows:

• General direct marketing guidance – this is a practical guide which explains what businesses should do to comply with the law. For example, the guidance states that businesses must stop using individuals’ personal information should they express their objection to direct marketing; they should make people aware that they can object to direct marketing and respect their objection. The guidance also outlines how the ICO deal with complaints relating to direct marketing and provides links to further reading resources should businesses wish to delve deeper into certain topics.
• Guide to PECR – the ICO have provided a convenient guide to PECR. This includes what PECR is, the rules for different types of direct marketing and what exemptions are available. The guide is user-friendly and easily summarises the different rules contained in PECR such as ‘What counts as consent?’.
• Training resources – the ICO have taken the training resources that they use for their own staff and published it on their website for businesses to reuse. The training materials available are based on the UK GDPR, DPA 2018, PECR and Freedom of Information Act and Environmental Information Regulations. The materials comprise of modules which contain videos and supporting notes on the topics.
• Direct marketing checklist – this is to be used alongside the direct marketing guidance and resources provided by the ICO. This is a user-friendly resource that businesses can use to ensure their compliance with the DPA 2018 and PECR. It contains checklists for identifying and planning direct marketing as well as respecting people’s preferences, specifically, where people wish to object or opt-out of direct marketing.
• FAQs on marketing – answers to FAQs are provided in a clear and succinct way. Some answers provide practical examples and there are links to more detailed resources to assist businesses further.

There are also separate guides written specifically for different sectors such as SMEs, the public sector, political campaigning, and organisations using data brokers. 

This package of detailed guidance and resources offers businesses the chance to increase their knowledge and awareness of data protection laws in a simple and accessible way. The guidance can be used to implement measures that ensure compliance and as a result, less businesses should face enforcement action from the ICO.