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

Practice Note: Direct marketing analyses legal and commercial issues arising out of direct marketing activities. It covers the relevant provisions of the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426 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 Data & Marketing Association 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 TMT News

What do legal teams need to know about AI standards?

TMT analysis: This analysis considers the role of technical standards in the ICT sector and in particular in relation to artificial intelligence (AI). It discusses some of the standards that have been developed relevant to AI, the project to create standards under the EU AI Act and the UK government’s approach. It also considers how standards can be leveraged by customers procuring AI systems, both internally and in contract negotiations. Written by Dr Sam De Silva, partner and global co-head of the Commercial Practice Group, CMS Cameron McKenna Nabarro Olswang LLP.

Navigating EU AI Regulation in 2025—key developments and strategic implications for business

EU Law analysis: With the first provisions of the EU AI Act now live, the European Commission has issued guidance, launched compliance support tools, and signalled active enforcement. Simultaneously, it has withdrawn the proposed EU AI Liability Directive and unveiled the AI Continent Plan to expand Europe's AI infrastructure and data ecosystem. This article provides an overview of key developments and practical advice for business leaders preparing for the next phase of AI regulation. Written by Barry Scannell, partner at William Fry and member of the Irish Government's AI Advisory Council.

Ofcom issues guidance on mandatory age checks for pornographic content services

Ofcom has published new Protection of Children Codes of Practice and guidance on 24 April 2025, detailing mandatory age assurance requirements for online services allowing pornographic content. From 25 July 2025, affected services must implement 'highly effective age assurance' measures to prevent under-18s from accessing such content. The requirements apply to services within scope of the Online Safety Act 2023, with Ofcom sending notification letters to hundreds of services whose primary purpose is hosting pornographic material.

Ofcom launches consultation on extending Online Safety Act user controls

Ofcom has opened a consultation on 24 April 2025 proposing amendments to the Illegal Content Codes of Practice under the Online Safety Act. The consultation aims to extend blocking and muting controls and comment disabling features to smaller user-to-user service providers likely to be accessed by children. The proposals build on Ofcom's December 2024 Illegal Harms Statement and align with the Protection of Children Codes of Practice. Stakeholders can respond until 22 July 2025.