Glossary
What is Direct marketing?
Direct marketing is the communication, by whatever means, of advertising or marketing material directed to particular individuals, the definition both PECR and the Data Protection Act 2018 use.
The definition sits in section 122(5) of the Data Protection Act 2018, and on 20 August 2025 the Data (Use and Access) Act 2025 copied it into regulation 2 of PECR. The ICO reads it widely. It covers the commercial marketing of products and services, and it also covers the promotion of aims and ideals, which is why a charity's fundraising appeal counts as marketing too.
It matters for texts because regulation 22 of PECR only applies to messages sent for direct marketing. A marketing text needs consent or the soft opt-in, and a genuine service message doesn't. The ICO's guidance closes the obvious gap: if a service message has elements that are direct marketing, even when that isn't its main purpose, the whole message counts as marketing.
Say a garage in Swindon texts 'Your MOT is due on 3 December, reply to book'. That's a reminder. Add 'and get 20% off tyres this month' and it's marketing, so it should only go to customers who agreed to hear about offers.
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