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Key concepts for direct marketing using electronic mail

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In detail

What is direct marketing?

PECR defines direct marketing as:

the communication (by whatever means) of advertising or marketing material which is directed to particular individuals

This definition is broad. It covers any advertising, marketing or promotional material, including commercial marketing and the promotion of aims and ideals. It applies to any means of communication, including electronic mail marketing.

It does not cover messages sent purely for administrative or customer service purposes (often called ‘service messages’). These do not count as direct marketing if they only provide administrative information and do not promote anything. However, if you add advertising or marketing material the message becomes direct marketing.

We use the term ‘electronic mail marketing’ to refer to direct marketing sent by electronic mail.

What is electronic mail?

Electronic mail is a private message stored for a specific intended recipient to collect. PECR defines electronic mail as:

any text, voice, sound or image message sent over a public electronic communications network which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient and includes messages sent using a short message service

It covers any electronically stored messages, such as:

  • email and text (SMS) messages;
  • picture or video messages;
  • voicemail messages;
  • in-app messages; and
  • direct messaging on social media (ie private messages).

It does not include online display adverts, such as banner adverts that appear publicly to anyone visiting a website. It also does not include social media adverts that appear in news feeds, even when they are targeted at particular users. These adverts are displayed openly on the platform and are not stored for a specific intended recipient to collect.

Other PECR rules may still apply to these types of advertising, such as the rules on storage and access technologies.

Further reading – ICO guidance

What is the difference between solicited and unsolicited marketing?

Electronic mail marketing is solicited when someone specifically asks you to send a particular message or type of information. All other electronic mail marketing is unsolicited.

Example – solicited

A person asks you to email them your summer brochure. Sending that brochure is solicited marketing because they specifically requested it.

Example – unsolicited

Later, you email them again about a new offer. They did not ask for that specific email, so it is unsolicited marketing.

What is a subscriber?

A subscriber is the person or organisation named on the bill for the phone line, internet connection or other communications service. There are two types, which are:

  • individual subscribers (people, sole traders, ordinary partnerships); and
  • corporate subscribers (organisations with their own legal personality, for example limited companies, LLPs and Scottish partnerships).

We explain how the rules apply to these different subscriber types in Which rules apply to which subscriber type?

Do we need to know the name of the person we want to send the electronic mail marketing to for PECR to apply?

No. The rules are not limited to messages involving personal information. They apply even if you only hold a generic or role-based address.

However, if you use personal information, data protection law also applies. See What is the relationship between PECR and the data protection rules? for more information.