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

Commission's Expert Group on B2B data sharing and cloud computing contracts publishes final report

The European Commission’s Expert Group on B2B data sharing and cloud computing contracts has published its final report on 2 April 2025. This comprehensive document provides non-binding model contractual terms (MCTs) on data access and use, as well as standard contractual clauses (SCCs) for cloud computing contracts under Article 41 of the EU Data Act.

Summary of Updated Consumer Protection Guidance under DMCCA 2024

The Competition and Markets Authority (CMA) has updated its consumer protection guidance in light of the Digital Markets, Competition and Consumers Act (DMCCA) 2024, which comes into force on 6 April 2025. The key updates are summarized below:

TMT weekly highlights—3 April 2025

Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.

EU rules on algorithmic management remain up in the air

MLex: The European Commission is currently delaying a decision on whether to propose binding regulations for AI in the workplace. It released a study with inconclusive findings, which was already outdated, and has commissioned a new report. The 2023 study considers that current EU legislation can address many negative consequences of algorithmic management, but ‘some gaps remain’ concerning work safety, data protection, and discrimination, making a strong case for collective bargaining.