Sales and marketing

Sales and marketing

This subtopic deals with the law and regulation governing sales and marketing activities generally, including direct marketing, prize and sales promotions, price claims and product placement.

Direct marketing

The Practice Note: Direct marketing analyses legal and commercial issues arising out of direct marketing activities. It covers the relevant provisions of Assimilated Regulation (EU) 2016/679, the UK General Data Protection Regulation (UK GDPR) and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426 (PECR 2003) as they apply to direct marketing (including the soft opt in) such as live and automated telephone calls, unsolicited email marketing, text message marketing and the use of marketing lists. As well as the UK GDPR and PECR 2003, it considers other rules relevant to direct marketing including the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), the Direct Marketing Association (DMA) Code and the International Chamber of Commerce’s Advertising and Marketing Communications Code (ICC Code).

For sample data protection consent wording, see Precedent: Consent to process personal data—sample wording.

Latest Commercial News

CMA publishes MoUs for digital markets regulatory coordination

The Competition and Markets Authority (CMA) has published four memoranda of understanding (MoUs) to formalise regulatory coordination with key UK authorities under the Digital Markets Competition Regime. The MoUs involve the ICO, the Bank of England and PRA, the FCA, and Ofcom. They outline collaboration frameworks for enforcing the Digital Markets Competition Regime and addressing shared responsibilities in overseeing digital markets, ensuring coherent approaches to regulation and compliance.

Commercial weekly highlights—19 December 2024

This week's edition of Commercial weekly highlights includes: analysis of the decision in Grain Communications v Shepherd Groundworks which considered whether an employer’s decision to postpone works was a valid exercise of its right to instruct variations or a breach of contract, announcement of the publication of the decision in Sea Consortium PTE Ltd (trading as X-Press Feeders) v Bengal Tiger Line PTE Ltd which considered whether slot charterers fell within the definition of ‘charterer’ in Article 1(2) of the Convention on Limitation of Liability for Maritime Claims 1976, and news that the Advertising Standards Authority has published its latest rulings.

The rise of dupe culture—the challenges for brand owners

IP analysis: Dupe culture is reshaping consumer behaviour, creating both challenges and opportunities for brands. By embracing innovation and engaging with consumers, brands can leverage this trend to strengthen their market position. In the face of growing demand for alternatives, the key lies in demonstrating why genuine products are worth the investment, whether through superior quality, ethical practices, or unmatched durability. Forward-thinking brands that adapt to this evolving landscape will not only withstand the rise of dupes but can thrive because of it. Written by Mark Kramer, partner, and Autumn Gibson, associate, at Potter Clarkson.

GCF introduces new Procurement Specific Questionnaire

The Government Commercial Function (GCF) has unveiled a new Procurement Specific Questionnaire as part of its Procurement Pathway service. This questionnaire is designed to replace the Standard Selection Questionnaire previously used under the Public Contracts Regulations 2015 (PCR). The new tool aims to streamline the procurement process by enabling contracting authorities to obtain core supplier information from a central digital platform, along with additional exclusions, debarment information, and details relating to conditions of participation. The questionnaire is applicable across various stages of the procurement process, including business need definition, finalising and publishing procurement packs, supplier engagement, selection and clarification and due diligence. This development represents a significant update to the UK's procurement procedures, potentially simplifying and enhancing the efficiency of the supplier selection process.