The ICO has warned that there is no further grace period to being compliant so if you would like to have a one hour consultation with a legal expert regarding the rules around marketing to data subjects, book a convenient 60 mins LawChat.

  • Live Marketing Calls: You can use bought-in lists – screen against both the Telephone Preference Service (TPS) or corporate version (CTPS) and your own ‘do-not-call’ list of people who have previously objected to or opted out of your calls.
  • B2B Fax Lists: screen against both the Fax Preference Service (FPS) and your own ‘do-not-fax’ list of people who have previously objected to or opted out of your faxes. Need specific consent to receiving faxes.
  • Recorded Calls, B2C Faxes, Texts and Emails: People listed must have given specific consent to receive that TYPE of message from YOU.

Compiling Your own marketing list:

  • Make your intention clear upfront;
  • Provide opt-in consent boxes that specify the type of messages you plan to send (e.g. by email, by text, by phone, by fax, by recorded call);
  • record when and how you got consent, and what type of messages it covers.
  • record whether the customer is an individual or a company.

Can you sell your marketing list:

  • You must have the consent of the listed individuals. Other businesses will only be able to use the list for recorded calls, texts or emails if the people on the list have specifically consented to receive that type of message from that company.

Selecting a Data Company to buy your prospect data from:

Once you are confident in what you are looking for, you can seek out the best data company but ask yourself the following e.g. Does it have sufficient variables to refine your targeting because the more specific the targeting, the higher the response rate? Can it sufficiently support your advertising channels? Is the data clean, updated and free of useless duplicates? Was/is the collection of the data itself GDPR-compliant?

See ICO Consultation on GDPR guidance on contracts and liabilities between controllers and processors.

Let us know if we can help you!

Author: Yvonne Morris



twitter: @CloudLegals


CloudLegal is a tech-enabled legal support consultancy which promises practical commercial and jargon-free advice. We support all company matters, commercial contracts/ Ts & Cs (including software and IT), employment & HR as well as data protection matters. We have various services including: