Legal issues and best practice in direct marketing

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If you are gathering, storing or using information about customers, potential customers or suppliers, you must comply with the Data Protection Act 1998. You must:

• have permission to hold third-party information


• store information securely

• check whether you need to register with the Information Commissioner


To find out more about these legal responsibilities, see our guide on privacy and data protection in marketing.
Other regulations, on electronic communications, require you to get individuals - including sole traders and unincorporated partnerships - to opt in before sending them marketing emails, unless they've already shown interest in products or services similar to those detailed. But you can send unsolicited marketing emails to companies or individuals within companies - though doing so may not be good for your reputation.


Some individuals and businesses may prefer not to be contacted by your business unless they have given their permission for you to do so. If you are selling or marketing using post, phone, fax or email, you should check if anyone you intend to contact does not want to be approached in this way without permission.
They may have registered through the Mailing Preference Service, the Telephone Preference Service, the Fax Preference Service, or the Email Preference Service.


It is illegal to communicate by telephone or fax with anyone registered with the Telephone or Fax Preference Service if you do not have their permission first. It is also illegal to send unsolicited email messages to individuals unless they have consented to receiving information from you. There are some exemptions to this. For more information on email messaging, see our guide on email marketing.


As with all marketing, you must be honest and accurate about the goods and services you offer.
 
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