Member

Amendment 158 from the noble Lord, Lord Lucas, seeks to amend the definition of “direct marketing”, to make it clear that it excludes communications necessary to avoid harm or improve consumer outcomes, when complying with law or regulatory standards. I understand the sentiment behind the amendment, but financial services firms can already provide regulatory communication messages to their customers without permission, provided these messages are neutral in tone, factual and do not include promotional content. While such messages can support customers to make informed decisions about their financial investments, they would not be classed as advertising or marketing material. As such, they would not engage the direct marketing rules within the Privacy and Electronic Communications Regulations. I refer the noble Lord to paragraph 803 of the Explanatory Notes to the Bill, where we have taken steps to clarify that position.