You must ensure that, where you communicate with a consumer using electronic media, you have in place appropriate arrangements to ensure the security of information received from the consumer and the secure transmission of information to the consumer.
The rules that apply to electronic direct marketing (marketing conducted by phone, fax, text message, and email) are set out in the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. 336 of 2011). If sending electronic direct marketing, then these Regulations apply in the first instance, but must be read in conjunction with the Data Protection Act 2018 and GDPR.
In the main, you cannot make unsolicited contact unless you have consent. There are limited circumstances where consent is not required. It is important to note that you may not reach a binding agreement on the basis of an unsolicited contact alone, except in circumstances permitted under the European Communities (Distance Marketing of Consumer Financial Services) Regulations 2004.
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