It can be an expensive business if you don’t stay within the law too, not to mention the potential damage it can cause to your own or your client’s reputation and brand.
Companies not meeting their legal obligations can be fined up to £500,000 by the Information Commissioner's Office (ICO). Monetary penalties have been issued for making repeated marketing calls to numbers listed on the Corporate / Telephone Preference Service (C/TPS) registers and ignoring people’s objections to those calls including:
To understand your obligations fully, it’s a good idea to be aware of the two main pieces of legislation relating to making marketing phone calls and using data.
The General Data Protection Regulation (GDPR) (Regulation (EU) 2016) is based around seven principles of good information handling. See The ICO's GDPR guide for more details. The Data Protection Act 2018 is the UK's implementation of the GDPR.
The Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) sets out rules for sending marketing and advertising by electronic means, such as by telephone, fax, email, text and picture or video message, or by using an automated calling system. A new ePrivacy Regulation is currently being finalised and will replace PECR. See The ICO's PECR guide for more details.
The rules on live marketing calls are in regulation 21 of PECR. In short, you must not make unsolicited live marketing calls:
You must always say who is calling, allow your number (or an alternative contact number) to be displayed to the person receiving the call, and provide a contact address or freephone number if asked.
So if you’re making live calls you must:
The rules on automated calls are in regulation 19 of PECR, and are stricter. You must not make an automated marketing call – that is, a call made by an automated dialling system that plays a recorded message – unless the person has specifically consented to receive this type of call from you. General consent for marketing, or even consent for live calls, is not enough – it must specifically cover automated calls.
All automated calls must include your name and a contact address or freephone number. You must also allow your number (or an alternative contact number) to be displayed to the person receiving the call.
For further information, see the ICO’s guidance on direct marketing.
If you are calling purchased or rented lists of prospect data you cannot simply rely on the data seller to have complied with the law. It is your responsibility to make sure that the data is legally compliant. You will need to:
One way to ensure that the data that you’re calling complies with the legislation is to use data providers that are Direct Marketing Association (DMA) members. See www.dma.org.uk
Many people think that it is not necessary to screen against TPS or CTPS if the number being called is an existing customer. This will depend on the level of consent:
An organisation might want to continue calling an existing customer who has registered with the TPS even though they have not specifically consented, because it is confident in light of the past relationship that they would not object. However, calls in these circumstances are in breach of PECR and could result in enforcement action. Direct Marketing, ICO
If you regard an individual or company as a customer and have an ongoing relationship e.g. they have made purchases within the last 6 months, and you have consent, you are entitled to call them even if they are TPS-registered, unless they have told you specifically that they object to receiving marketing calls.
For further information, see the ICO’s guidance on direct marketing.
The content above is intended only to provide a summary and general overview on matters of interest. It is not intended to be comprehensive nor does it constitute legal advice. We attempt to ensure that the content is current but we do not guarantee its currency. You should seek legal or other professional advice before acting or relying on any of the content above.
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