Data Protection Act 1998

[F152AADirect marketing codeU.K.

(1)The Commissioner must prepare a code of practice which contains—

(a)practical guidance in relation to the carrying out of direct marketing in accordance with the requirements of this Act and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426), and

(b)such other guidance as the Commissioner considers appropriate to promote good practice in direct marketing.

(2)For this purpose “good practice” means such practice in direct marketing as appears to the Commissioner to be desirable having regard to the interests of data subjects and others, and includes (but is not limited to) compliance with the requirements mentioned in subsection (1)(a).

(3)Before a code is prepared under this section, the Commissioner must consult such of the following as the Commissioner considers appropriate—

(a)trade associations (within the meaning of section 51);

(b)data subjects;

(c)persons who appear to the Commissioner to represent the interests of data subjects.

(4)In this section “direct marketing” has the meaning given by section 11(3).]

Textual Amendments

F1S. 52AA inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(2), 118(2)