In addition to the GDPR, separate legislation applies to electronic marketing. While changes have been proposed, they are still in draft form. For more information, see “Electronic Privacy Legislation”.
What the existing law says
The current key provisions regarding marketing are:
- Electronic Marketing – The current law requires marketers to have an individual’s consent before they send marketing emails, texts, faxes, automated calls or live calls to TPS registered numbers. There is a “soft opt-in” for texts and emails where:
- marketers have obtained the individual’s contact details during a sale (or negotiation for sale) of a product or service to that individual
- the marketing relates to their own similar products or services
- the marketer gave a simple opportunity for the individual to opt-out of receiving that marketing, both when the contact details were collected and in every message after that.
- B2B marketing – Explicit consent is not required for electronic marketing sent to companies, but marketers must still respect any request by individual employees to not send electronic marketing to their personal corporate email addresses.
What the draft new law says
Some of the key changes proposed by the new legislation are:
- Electronic marketing – The new legislation extends the restrictions under current lawwhich relate to email, texts, fax and telephone marketing and also applies to banner advertising and other targeted online advertisements. The “soft opt-in” for electronic marketing remains, but is restricted to circumstances where an individual’s contact details were collected during a sale (not just a negotiation for a sale). In effect, this means the soft opt-in can only apply to existing customers.
- B2B marketing – The new legislation could extend the current rules on electronic marketing to business recipients, including the requirement for specific consent. B2B marketers could still however rely on a “soft opt-in” consent in the same way as B2C marketers.
The legislation is still being negotiated, and this page will be updated following further developments.