Section 122Direct marketing code

(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 [^F1Commission] considers appropriate to promote good practice in direct marketing.

(2) Where a code under this section is in force, the [^F1Commission] may prepare amendments of the code or a replacement code.

(3) Before preparing a code or amendments under this section, the [^F1Commission] must consult the Secretary of State and such of the following as the [^F1Commission] considers appropriate—

(a)
trade associations;
(b)
data subjects;
(c)
persons who appear to the [^F1Commission] 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.

Amended text

This Section is shown as amended by the Data (Use and Access) Act 2025 (c. 18), among other instruments (see the annotations below) (commenced provisions as at 30 September 2026, ELI), as incorporated in the text in force on 30 September 2026 as published on legislation.gov.uk.

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 Information

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

https://dpa2018.digiphile.law/article/article-122.html

Text as at 18 September 2026.

This is an unofficial convenience version of the Data Protection Act 2018. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in September 2026.