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 TMT News

European Commission mandates risk reports from major online platforms

The European Commission has announced that the first 19 designated very large online platforms (VLOPs) and very large search engines (VLOSEs) must publish their inaugural annual risk assessment and audit reports under the Digital Services Act (DSA). These reports are required to detail the providers' assessments of risks stemming from their services, such as illegal content dissemination and threats to minors, as well as outline mitigation measures. The Commission aims to foster greater transparency and accountability in the tech sector through these publications, with stakeholder workshops planned for early 2025 to discuss the findings.

CMA updates timetable for TV industry anti-competitive behaviour probe

The Competition and Markets Authority (CMA) has updated the administrative timetable for its ongoing investigation into suspected anti-competitive behaviour in the television industry. The probe, launched on 11 October 2023, focuses on the purchase of freelance services and employment of staff supporting the production, creation, and broadcasting of non-sport television content in the UK. The CMA is investigating several major industry players, including the BBC and ITV, for potential breaches of the Competition Act 1998. This update suggests the investigation is progressing, though the CMA has not yet reached a conclusion or issued any statements of objection.

CMA publishes provisional findings on mobile browsers competition

The Competition and Markets Authority (CMA) has published its provisional decision in the market investigation into mobile browsers and cloud gaming. The CMA has provisionally identified competition concerns in the mobile browsers market. This development follows a series of working papers and updates throughout 2024, including the recommencement of the investigation in January after a Court of Appeal judgment. The CMA has set a deadline of 5pm on 13 December 2024 for interested parties to submit responses to the provisional findings.

European Commission initiates review of Technology Transfer rules

The European Commission has published findings from its evaluation of Commission Regulation (EU) No 316/2014 (the Technology Transfer Block Exemption Regulation or TTBER) and accompanying Guidelines. The Commission has determined that while the rules have been largely effective, improvements are needed in areas such as market share thresholds, data licensing, and technology pools. The Commission will now launch an impact assessment to explore policy options for revising the rules before their expiration in April 2026. A public consultation is planned for December 2024, allowing stakeholders to provide input on potential changes to ensure the rules remain fit for purpose in the evolving technological landscape.