Tag Archives: Direct Marketing

The e-Privacy Regulation saga rumbles on

The long-running e-Privacy Regulation saga continues. On 18 September 2019, the Council of the European Union (the Council) released proposed amendments to the draft regulation. We take a look at some of the proposals. Proposals The draft e-Privacy Regulation will replace the current Directive 2002/58/EC to “reinforce trust and security in the Digital Single Market”. … Continue Reading

German Federal Supreme Court prohibits unsolicited advertising in signatures of automated B2C email replies confirming receipt of a consumer’s email

In a judgment dated 15 December 2015, case no VI ZR 134/15, (“Judgment”) the German Federal Supreme Court (“FSC”; Bundesgerichtshof – BGH) confirmed that an electronic mailbox held by a consumer shall be covered by the so-called private sphere of a natural person as part of its general right of privacy. Consequently, the FSC concluded … Continue Reading

Secretive Direct Marketers Face Fresh Restrictions on their Anonymity

From 16 May, those making (or instigating) direct marketing telephone calls must provide Caller Line Identification (‘CLI’) when making calls live or through automated means. The display of their telephone numbers to consumers has the effect of making it easier for consumers to refuse and/or report unwanted marketing calls. The Privacy and Electronic Communications (EC … Continue Reading

Information Commissioner’s Office issues updated guidance on Direct Marketing

At the end of March, the Information Commissioner’s Office (ICO) issued updated guidance on the law in relation to Direct Marketing. The ICO notes in its accompanying blog post that the law applies “equally to any and all organisations who are engaging in direct marketing activity via electronic means, regardless of their sector.” The updated … Continue Reading

The UK’s data protection regulator cracks the enforcement whip

As 2015 draws to a close, the UK’s Data Protection Regulator, the Information Commissioner’s Office (‘ICO’), is making sure it ends the year with a bang. The past few months have seen a significant increase in enforcement action, a theme which seems to be common for the regulator at this time of year because of … Continue Reading

Reactiv Media fine increased on appeal by UK Information Rights Tribunal

Reactiv Media has found itself facing a 50% increase in the fine it was attempting to overturn after an appeal to the First-Tier Information Rights Tribunal. The UK Information Rights Tribunal hears appeals against decisions of the Information Commissioner’s Office actions relating to data protection, privacy electronic communications, freedom of information and environmental information. The … Continue Reading

UK Data Protection Authority publishes new guidance and checklist on direct marketing.

UK data protection authority, the Information Commissioner’s Office (ICO), has published new guidance, an accompanying checklist, and an at-a-glance guide to help organisations understand the rules governing direct marketing under the Data Protection Act 1988 (DPA), and the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (PECR). The ICO guidance attempts to clarify direct … Continue Reading

Information Commissioner’s Office set to issue first fines under the Privacy and Electronic Communications Regulations

Since March of this year, the Information Commissioner’s Office (ICO) has been asking members of the public to report any calls or texts they have received from unknown senders by using an online survey. The survey information has allowed the ICO to focus its investigations on organisations responsible for making unsolicited communications. The ICO received … Continue Reading
LexBlog