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Business, taken personally.

Data protection and direct marketing: nuisance calls and texts

Posted by Lotty Reeves on 28th April 2015

From 6 April 2015, the DPA 1998 will be amended to remove the need to prove “substantial damage or substantial distress” before the ICO can take action in respect of unsolicited direct marketing communications, including calls (automated or live), faxes, texts and emails.

The amendment will make it easier for the ICO to issue monetary penalty notices to organisations that flout the rules on unsolicited electronic direct marketing.

It will now become increasingly important for organisations to comply with the rules on direct marketing and keep their records of consent and suppression lists up-to-date as evidence, in case of a complaint or an ICO investigation.


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