Harper James advises UK businesses on the laws of England and Wales, including the rules that govern business-to-business marketing, personal data and advertising claims. B2B marketing compliance requires more than checking whether a recipient is a business: organisations must assess the communication method, the recipient’s legal status, the data used and the claims made.
The Privacy and Electronic Communications Regulations (PECR) apply to email, text messages, telephone marketing and cookies. Marketing emails to corporate subscribers, such as limited companies and limited liability partnerships, generally do not require prior consent under PECR, but the sender must identify itself and provide a clear, free opt-out. Sole traders and some partnerships receive greater protection, so unsolicited electronic marketing to them normally requires consent or an applicable soft opt-in. UK GDPR and the Data Protection Act 2018 still apply where the marketing data identifies an individual. The business needs a lawful basis, transparent privacy information, appropriate retention periods and a process for handling objections.
Telephone campaigns require screening against the Telephone Preference Service and, for business numbers, the Corporate Telephone Preference Service. Internal suppression lists should also record every unsubscribe and objection. Bought-in lists require particular care because the supplier’s wording, consent evidence and intended use must cover the proposed marketing activity. A campaign should stop promptly when a recipient opts out.
Marketing claims must be accurate, supportable and presented in a way that does not mislead the audience. The CAP Code applies to non-broadcast advertising, including websites, paid social media, influencer content and many email campaigns. Claims about price, performance, environmental impact, customer results or regulatory status require evidence. Paid endorsements and other commercial relationships must be clearly identifiable. Sector-specific rules also apply in areas such as financial services, health products and employment services.
Cookies and similar tracking technologies generally require consent before they are placed or used, unless they are strictly necessary for a service requested by the user. Consent should be informed, freely given and capable of being withdrawn. A compliant cookie banner should distinguish optional analytics and advertising technologies from necessary functions, avoid pre-ticked choices and link to a clear cookie notice.
A B2B marketing process should classify recipients, record the source and status of each contact, document the PECR and UK GDPR analysis, approve advertising claims, and retain evidence for consent and substantiation. Campaign templates should include the sender’s identity, contact details and an accessible unsubscribe route. Before launch, the marketing and legal teams should review the audience, channel, data source, tracking tools and suppression list. Harper James can advise businesses on data protection, commercial contracts and marketing terms as part of a wider compliance framework.