Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
If they want to pass on contact data (other than e-mail and SMS contact details) to third parties for unsolicited direct marketing, marketers must state that intention clearly when those data are collected and offer consumers the opportunity to object. If they decide, after collection, that they want to pass the contact data they hold to third parties, marketers need to obtain consumers’ explicit consent (see ‘Consent (Explicit)’).
For electronic data (e-mail and SMS contact data), marketers should obtain explicit consent for that practice from the outset. They should define the nature of those third parties (stating “similar organisations” should be acceptable if the third parties’ products are consistent with that description). That should be done in addition to the explicit consent required for the marketers’ stated marketing purpose. When it comes to e-mail and SMS mailing lists, marketers are therefore advised to include tick boxes such as “I want to hear from other companies that offer XXX product. Please pass my details to them so that they can contact me” or “I want to hear from other companies about their prize draws. Please pass my details to them so that they can contact me” to ensure they have explicit opt-in.
Last modified : 29 June 2010