There are 10 main principles associated with the DPA.
The DEPC (formally known as the Communications Data Protection
Directive) states that an opt-in approach must be used when marketing
by email to natural persons (private individuals and sole traders
anywhere in the UK, and Partnerships in the England, Wales and Northern
Ireland), with an exception where there is an existing
customer/business relationship between parties. An opt-out approach
will exist for corporate subscribers (@company.co.uk).
The sender is responsible for complying with this legislation.
The Regulations contain provisions on commercial e-commerce
communications and include a requirement that all UCE (unsolicited
commercial email) should be easily identifiable as soon as it is
received (thereby enabling automatic deletion/filtering). It also
states that all websites should have full postal and telephone contact
The act relates to both Telephone and Fax Marketing. It requires
that companies using fax broadcasting as a marketing medium must comply
with strict regulations. The four main points of legislation are:
The act also enables
Individuals (consumers, sole traders and (except in Scotland)
partnerships) to register their objection to receiving direct marketing
calls with a central service via the Telephone Preference Service
(TPS). Companies wishing to market by telephone must run their database
The Mailing Preference Service (MPS) is a non-profit organisation,
which is funded by the direct mail industry to enable consumers to have
their names and home addresses in the UK removed from or added to lists
used by the industry.
Use of the Consumer File by list-owners
and users is a requirement of the British Codes of Advertising &
Sales Promotion administered by the Advertising Standards Authority, as
well as a condition of the Direct Marketing Association's Code of