Data privacy and direct marketing
Practical guidance on the data privacy legal issues that arise when undertaking direct marketing
How it works
Across 60+ jurisdictions, we provide:
- FAQs on data privacy issues that arise when undertaking direct marketing, including: when consent is required to send email marketing, how to obtain valid consent, profiling and tracking
- Guidance on key issues that apply in relation to electronic, postal, telephone and online marketing activities
- Colour-coded question-and-answers, underpinned by in-depth legal analysis targeted at in-house legal and marketing teams
- A quick, accurate and easy to understand multi-jurisdiction comparison tool
- Carefully curated email alerts, cutting through the noise with updates that matter
All as part of a subscription to our data privacy solution.
What is covered?
We have broken down our analysis into sections in order to set the background and then expand on different themes, common issues and rules in relation to different types of direct marketing activities.
Regulatory framework
- the general rules that apply to the handling of personal data, including when processed for direct marketing purposes
- details of any other law(s) that regulate the sending of electronic marketing communications or are relevant to direct marketing
- details of regulatory guidance or industry codes of practice that relate to direct marketing
General position
- an overview of the general requirements that apply in relation to handling personal data in the context of direct marketing e.g. in relation to key areas such as having a valid condition for processing, providing privacy information, data retention, data minimisation and conducting privacy impact assessments
- details of when consent is/is not required for sending marketing messages via e-mail, SMS, text, social media, an app or in any other digital form
- whether it is mandatory for the sender to: include an "opt out" in each marketing message, check ‘do not contact’ lists or identify each message as "advertising" (or similar)
Key activities and considerations
- lead generation: collecting contact details and valid consent for direct marketing purposes e.g. at events, from publicly available sources and from third parties
- data enrichment and profiling
- third party service providers
- email tracking
- mass emailing
Other types of marketing
- an overview of the rules and key issues that apply in relation to telephone, postal and online marketing activities
Enforcement
- a summary of whether direct marketing is an area of regulatory focus and details of any key enforcement decisions related to direct marketing from the past 12 months
A practical example
Your company operates across Asia and you need to understand the data privacy implications of unsolicited telephone marketing in the region.
- Can you apply a policy for all jurisdictions?
- What are the general risks and considerations?
- Have there been relevant fines or other enforcement actions?
By running a comparison on aosphere, at a glance you can see which jurisdictions allow or prohibit unsolicited telephone marketing calls. If further detail is required, you can click through to our in-depth legal analysis in the shape of a formal memorandum from leading local counsel.
Screenshot showing direct marketing data privacy data point compared across jurisdictions. Extracted from Rulefinder Data Privacy.
Our service tracks forthcoming changes and new laws, plus recent censures - which can be filtered by region, jurisdiction, or topic. Access and share high quality legal analysis across your organisation.