Many businesses use phone calls to reconnect with customers or gather feedback. But under UK law, calling someone for marketing without following the rules can lead to serious penalties.
Here is a practical summary of when and how live marketing calls are allowed under the Privacy and Electronic Communications Regulations (PECR) and the UK GDPR.
Live vs Automated Calls
The rules for automated calls (recorded messages) are far stricter than for live calls.
You cannot make automated marketing calls unless the person has given clear consent for that type of contact.
The rules below apply only to live calls where a real person speaks to the recipient.
What Counts as Direct Marketing
Direct marketing means any communication aimed at promoting products, services, or your brand.
That includes calls made to check satisfaction, gather feedback, or remind customers about your services.
When You Can Make Live Marketing Calls
You can make a live marketing call only if both conditions are met:
- The person has not objected to receiving calls.
- Their number is not listed on the Telephone Preference Service (TPS) or, for businesses, the Corporate Telephone Preference Service (CTPS).
If either condition applies, you must not call unless you have the person’s explicit consent.
These rules apply to both “cold calls” and “warm calls.”
Screening Against TPS and CTPS
The TPS is the UK’s official “do not call” register for individuals and sole traders.
The CTPS applies to companies, LLPs, and public bodies.
- Check your call lists against TPS and CTPS at least every 28 days.
- Calling a number on either list without consent breaches PECR.
- Keep your own internal “do not call” list and respect it permanently, even if that person is not on the TPS or CTPS register.
Lawful Basis Under UK GDPR
Making marketing calls involves processing personal data. You need a lawful basis under the UK GDPR, usually legitimate interests or consent.
- Legitimate interests may apply if the call is proportionate, expected, and does not override the person’s privacy rights. You are strongly advised to carry out and record a Legitimate Interests Assessment (LIA).
- Consent is required if you cannot rely on legitimate interests or if the person has previously opted out.
Special Category Data
If your call involves sensitive personal data (for example, health or political opinions), you must have explicit consent.
Legitimate interests cannot be used for this type of information.
What You Must Say During Calls
During every live marketing call, you must:
- Identify yourself and your organisation at the start.
- State the purpose of the call clearly so the recipient understands it relates to marketing or engagement.
- Display your phone number or another valid contact number.
- Provide a postal address or freephone number if requested.
- Stop immediately if the person objects or says they do not wish to receive marketing calls.
Key Compliance Steps for Businesses
To stay compliant when making live marketing calls:
- Screen all call lists against TPS and CTPS before calling.
- Keep and respect your own do-not-call list.
- Complete a Legitimate Interests Assessment if relying on legitimate interests.
- Make sure your Privacy Policy explains that you may contact customers by phone.
- Train your staff to identify the business, explain the purpose, and end the call immediately if the person objects.
Why It Matters
Unlawful marketing calls are one of the most common complaints received by the Information Commissioner’s Office (ICO).
The ICO can issue serious penalties for non-compliance along with public enforcement notices that can damage your business reputation.
Selin Gok email: sgok@redfernlegal.com
