Enforcement notice

(2) Except in the circumstances referred to in paragraph (3), a person shall neither transmit, nor instigate the transmission of, unsolicited communications for the purposes of direct marketing by means of electronic mail unless the recipient of the electronic mail has previously notified the sender that he consents for the time being to such communications being sent by, or at the instigation of,. [...] (3) A person may send or instigate the sending of electronic mail for the purposes of direct marketing where- 4 (a) that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient; (b) the direct marketing is in respect of that person's similar products and services only; and (c). [...] Regulation 23 of PECR states: "A person shall neither transmit, nor instigate the transmission of, a communication for the purposes of direct marketing by means of electronic mail (a) where the identity of the person on whose behalf the communication has been sent has been disguised or concealed; (b) where a valid address to which the recipient of the communication may send a request that such com. [...] The provisions of the DPA remain i n force for the purposes of PECR notwithstanding the introduction of the DPA18: see paragraph 58( 1) of Schedule 20 to the DPA18. [...] • Furthermore, where a public electronic communications service is used for the transmission of a communication for direct marketing purposes, MCP shall ensure that the recipient of the communication is provided with : (a) the name of the person; and if the recipient so requests, (b) either the address of the person or a telephone number on which he can be reached free of charge.