Part 2 of Understanding Direct Marketing
What is the Legal Bases for Direct Marketing
When handling consumer data, there are two main legal bases to consider:
- Consent – The individual must give explicit permission for their data to be used.
- Legitimate Interest – Marketing activities must be necessary and not override consumer rights.
The table below outlines the different marketing methods, and the legal requirements businesses must follow:
| Purpose | Legal Basis for Data Bubble | Legal Basis for Clients |
| Marketing by Email | Consent Required | Legitimate Interest |
| Marketing by Live Telephone Call | Legitimate Interest | Legitimate Interest |
| Marketing by Live Telephone Call (if registered on TPS) | Consent Required | Not available unless consent is gained |
| Marketing by SMS | Consent Required | Not available unless consent is gained |
| Marketing by Post | Legitimate Interest | Legitimate Interest |
| Use for Identification, Verification, Tracing | Legitimate Interest | Legitimate Interest |
| Use for Cleaning and Matching | Legitimate Interest | Legitimate Interest or a GDPR/Public Interest task |
| Profiling and Analysis | Legitimate Interest | Legitimate Interest |
