Direct Marketing

Definition

Communication of advertising or marketing material directly to specific individuals, typically via email, text message, phone calls, direct mail, or targeted online advertising. Direct marketing uses personal data to reach individuals with promotional content. Privacy laws regulate direct marketing because it involves processing personal data and can be intrusive. Under GDPR, direct marketing can rely on legitimate interests (for existing customers and similar contexts) or consent, but individuals always have the right to object to marketing. Electronic direct marketing (email, text) often requires prior consent under ePrivacy laws. CAN-SPAM regulates commercial email. TCPA regulates telemarketing and text messages. Organizations conducting direct marketing must provide clear opt-out mechanisms, honor opt-out requests promptly, maintain suppression lists, verify consent where required, and ensure marketing practices comply with applicable laws. Transparent, respectful marketing builds trust; aggressive marketing destroys it.

Applicable Laws & Regulations

  1. 1GDPR Article 21(2-3) - Right to object to direct marketing
  2. 2ePrivacy Directive Article 13 - Unsolicited communications
  3. 3CAN-SPAM Act 15 U.S.C. §7701 - Commercial email requirements

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