Section 122 Direct marketing codeI1

(1)

The F1Commission must prepare a code of practice which contains—

(a)

practical guidance in relation to the carrying out of direct marketing in accordance with the requirements of the data protection legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426), and

(b)

such other guidance as the Commission considers appropriate to promote good practice in direct marketing.

(2)

Where a code under this section is in force, the Commission may prepare amendments of the code or a replacement code.

(3)

Before preparing a code or amendments under this section, the Commission must consult the Secretary of State and such of the following as the Commission considers appropriate—

(a)

trade associations;

(b)

data subjects;

(c)

persons who appear to the Commission to represent the interests of data subjects.

(4)

A code under this section may include transitional provision or savings.

(5)

In this section—

“direct marketing” means the communication (by whatever means) of advertising or marketing material which is directed to particular individuals;
“good practice in direct marketing” means such practice in direct marketing as appears to the F2Commission to be desirable having regard to the interests of data subjects and others, including compliance with the requirements mentioned in subsection (1)(a);
“trade association” includes a body representing controllers or processors.

Annotations

Textual amendments

F1: Word in s. 122(1)-(3) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
F2: Word in s. 122(5) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)

Commencement

I1: S. 122 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(e)

Notes on Part 5

Textual amendments

F1: Word in Pt. 5 heading substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)

Modifications

C1: Pts. 5-7 applied in part (with modifications) (5.2.2026) by S.I. 2003/2426, reg. 31, Sch. 1 (as substituted by Data (Use and Access) Act 2025 (c. 18), ss. 115(5)(8), 142(1), Sch. 13; S.I. 2026/82, reg. 2(y)(z14) (with regs. 8-11) and as amended (30.9.2026) by S.I. 2026/386, reg. 1(2), Sch. 3 para. 6(3), (4)(j); S.I. 2026/1015, reg. 2(c))
C2: Pt. 5 applied in part (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))