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Direct marketing

If you plan to directly market your business, you will be subject to significant rules under United Kingdom of Great Britain and Northern Ireland The area of law which deals with the way in which data can be handled. and privacy rules. This section will help you to understand what Advertising or marketing which is targeted specifically at a particular individual (as opposed to being aimed at a general market). For example, an email sent to individual email addresses with details of an online sale. is and what processes you should follow when marketing your business to individuals or Private companies limited by shares incorporated and registered in England and Wales. using various communication methods. This includes guidance about when and how you should obtain consent to marketing and what the rules are about using Small text files which businesses will download onto computers, smartphones or similar devices when those using the devices access the business' website. Cookies allows the business to store information about the choices and preferences of those who visit the site. to market your business.

sales-and-commercial-agreements

Direct marketing - general

  1. 1.What is direct marketing?
  2. 2.Can I directly market my business however I want?
  3. 3.Does it make a difference whether I market my business to individuals or to companies?

Direct marketing to individuals

  1. 4.Can I market my business to individuals by email, text or social media?
  2. 5.When can I market my business to individuals by email, text or social media where the individual has given consent?
  3. 6.When can I market my business by email, text or social media to existing customers?
  4. 7.Do I need to include an 'unsubscribe' link in my direct marketing emails or texts?
  5. 8.Can I market my business to individuals by calling someone on the phone?
  6. 9.How do I search the TPS register before I make a marketing call?
  7. 10.Can I market my business to individuals by using automated phone calls?
  8. 11.Can I market my business to individuals by post?
  9. 12.Can I market to someone by physically posting a leaflet or flyer through the front door?
  10. 13. Can I market my business to individuals by fax?

Direct marketing to companies

  1. 14. Can I market my business to a company?
  2. 15.Can I market my business to a company by email, text or social media?
  3. 16.Can I market my business to a company by phone or fax?
  4. 17.Can I market my business to companies by post or leaflet/flyer?

Obtaining consent for direct marketing

  1. 18. When do I need to obtain consent from someone so I can market to them?
  2. 19.What form of consent do I need from someone so that I can market to them?
  3. 20.Can I make consent to marketing a precondition of selling goods or providing services?
  4. 21.Can someone withdraw consent for direct marketing after they have given it?
  5. 22.Can I rely on consents obtained before the EU GDPR came into force?
  6. 23. Does obtaining consent allow me to do any marketing I want to?

Direct marketing to someone who has not consented

  1. 24. Can I market to someone who has opted-out?
  2. 25. Can I market to someone who has neither consented nor opted-out?

Online behavioural advertising

  1. 26. What is online behavioural advertising?
  2. 27. How is online behavioural advertising carried out?
  3. 28. Can I use cookies or similar technology to market my business?
  4. 29. Do I need consent from the person who is paying for the device or the person who is using it?
  5. 30.What is real-time bidding?
  6. 31.Can I use real-time bidding to buy advertising space on third party online services?

Customer data

  1. 32. Can I do what I like with details which I have acquired about my customers?
  2. 33. Does it make a difference to marketing my business if I obtained the data from someone else?
  3. 34.Can I sell my marketing list to third parties?

Engaging someone else to market

  1. 35. Do I need to be concerned if someone markets my business for me?

Direct marketing to someone who is not in the UK

  1. 36. Do the same rules apply if I market outside the UK?

Template data processing agreement

A data processing agreement is a legally binding, written contract governing the relationship between a data controller and a data processor, as well as the scope of their data processing activities. The agreement sets out the rights and responsibilities of the controller and the processor when they are sharing personal data, including what data is to be processed and how. It might also be referred to as a DPA or a data processing addendum. It’s a legal requirement under Article 28 UK GDPR for a data controller and a data processor to have a written processing agreement in place when they share personal data. If you are a data controller, this template will help you to comply with that legal obligation. It’s also a legal requirement for a data processor and a data sub-processor to have a written sub-processing agreement in place when they share personal data. This template can also be used to help you comply with that legal obligation if you are a data processor. Data processing agreements are typically provided as an attachment (also called an Addendum) to another contract that the data controller and processor already have in place (eg a Services Agreement). This template is drafted on that basis. You can customise it to your specific processing activities.
£25 + VAT

Cookie policy

This template cookie policy will allow you to set out how you use cookies on your app or website. It may also be referred to as a cookie notice. This template will help you to comply with your data protection and privacy obligations when you are using cookies on your website. It enables you to set out key information about what cookies you set and how users can change their preferences. Because no two websites are the same, you can customise this cookie policy for your purposes whether you sell goods or services online, or if your website simply promotes your business. You can also purchase this policy as part of the Starting an online business toolkit or the Data protection policy toolkit . For a blog summarising your legal obligations around cookies, see Cookie policy template - create and download your own .
£20 + VAT
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