Background
The Data Protection Act 1998 (the 'DPA') is based on
eight data protection principles. The DPA protects individuals'
personal data and places obligations on organisations to process
that personal data fairly and safely.
The DPA applies to direct marketing by mail. The DPA defines
"direct marketing" as:-
"The communication (by whatever means) of any
advertising or marketing material which is directed to particular
individuals"
The definition also applies to electronic marketing carried out
under the Privacy and Electronic Communications (EC Directive)
Regulations 2003 as amended by the Privacy and Electronic
Communications (EC Directive) (Amendment) Regulations 2011 (the
'PECR'). Organisations which carry out unsolicited direct
marketing or advertising by electronic means (for example by
telephone, fax, email, text, picture or video message or by using
an automated calling service), must comply with the PECR.
