The Data Brief

A monthly data protection bulletin from the barristers at 5 Essex Chambers

New Electronic Mail Guidance

30 November 2022

The ICO has published its first guidance on direct marketing using electronic mail which is intended to address “detailed questions not answered in the Guide to PECR”. We have seen for a while that this has been an area of focus for the ICO, with it featuring heavily in recent enforcement action.

The Guidance covers the legislation in depth. It addresses head on the relationship between PECR and the DPA and GDPR: emphasising that data protection legislation also applies to direct marketing activity employs personal data (which it almost always will) but that “you may find that complying with PECR helps you comply with data protection requirements, and vice versa”

The Guidance specifically notes that charity fundraising and campaigning activity falls within the definition of “advertising or marketing”. The Guidance also notes that the legislation does not define the “instigator” of communications, who stands to be liable for their sending, but records the ICO’s opinion that this is likely to include any person who encourages, incites, incentivises or asks someone else to send direct marketing messages.

Guidance: click here

The Data Brief

A monthly data protection bulletin from the barristers at 5 Essex Chambers

The Data Brief is edited by Francesca Whitelaw KC, Aaron Moss and John Goss, barristers at 5 Essex Chambers, with contributions from the whole information law, data protection and AI Team.

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