Online Marketing

Online marketing guidance

The High Court has provided useful guidance on a number of issues connected with the increasingly significant online marketing industry. In a recent case, the court ruled that the owner of a football fans' website, who contracted to send marketing e-mails and SMS messages on behalf of a sponsor to "opted-in" recipients, failed to satisfy its obligations by sending e-mails to individuals whose details had been purchased from an unrelated third party.

The decision provides useful information on the meaning of the terms "opted-in" and "targeted", reminding businesses that:

• Unless specifically agreed in advance with the supplier, it is generally not possible to have exclusive use of bought-in data.
• Bought-in data may not be appropriate for use in targeted marketing campaigns or when data mining.

This checklist highlights the key data protection issues a business should consider when carrying out direct marketing. It explains how customer information should be collected and how product information should be communicated to existing customers.

For further information contact our Business Law Team

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O'Neill Patient Solicitors LLP
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