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ARTICLE · 10 OCTOBER 2018

Consent For Direct Marketing Must Be Specific

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A recent penalty issued by the Information Commissioner (ICO) on 3 September 2018 serves as a reminder of just how specific consent must be, when used to justify marketing by e-mail.

United KingdomPrivacy
Jessica Brickley
Jessica Brickley

A recent penalty issued by the Information Commissioner (ICO) on 3 September 2018 serves as a reminder of just how specific consent must be, when used to justify marketing by e-mail.

Under the Privacy and Electronic Communications Regulations 2003, direct marketing may be sent by e-mail to individuals (that is, to a non-business e-mail address) only if a) the individual has consented, or b) the marketing is being sent to someone whose details have been obtained in the course of a sale, the marketing is for the same business's similar products and services, and the individual is given a simple means of refusing use of their details for marketing purposes.

When relying on consent, the high standard under GDPR applies: consent must be freely given, specific and informed, and involve a positive indication signifying agreement.

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