The Privacy and Electronic Communications Regulations apply to the sending of unsolicited marketing messages by electronic means such as telephone, fax, email and SMS messages. Although we have provided a brief outline below we would strongly advise you to read our detailed guidance before starting on any direct marketing campaign.
Unsolicited marketing transmitted by automated phone calls must have the prior consent of the subscriber and must include the caller's identity.
With non-automated direct-marketing phone calls subscribers must be able to opt out. Those on the Telephone Preference Service (TPS) register should not receive any such calls unless they give their permission. Businesses may also register with the Corporate TPS to prevent unsolicited marketing calls.
Individual and corporate subscribers can register their objection to receiving unsolicited direct marketing faxes by registering their number with the Fax Preference Service (FPS). But faxes should not be sent to individuals without their prior consent.
Unsolicited marketing material by electronic mail (this includes email, text and picture messaging) should only be sent if the individual has consented to receive them, unless the individual's details were obtained in the context of a commercial relationship and the marketing is for similar products or services. The individual should always be given the opportunity to opt out in every message.
The ICO is working with its European counterparts and the US to try to reduce spam. These Regulations only apply to marketing emails sent from within the EU and not the bulk of spam which most people recieve (which commonly comes from outside the EU). There is currently no specific legislation to cover email sent to business addresses.