Guidance on Legislation

Guidance is produced whenever a new piece of legislation comes into force in the UK which will have an effect on the way DMA members operate. The guidance documents are written with the practical implementation of the new rules in mind and are monitored and updated when necessary.

Members can also find links to the main pieces of legislation affecting the marketing industry.

Available Documents
	DMA Briefing – Holiday Pay for Temporary Staff   (Published: 23 Apr 2010 - 53KB) In 2006 the European Court of Justice ruled that the practice of paying “rolled-up holiday” is not permitted under the provisions of the Working Time Regulations. The DMA Legal Department, in conjunction with the DMA Field Marketing Council, have issued this briefing providing DMA members with a formula to calculate holiday entitlement.
	The Consumer Protection from Unfair Trading Regulations 2008 - DMA Guidance   (Published: 15 Jul 2008 - 73KB) The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) came into force on 26 May 2008. The CPRs implement into UK law the European Union’s Unfair Commercial Practices Directive and should provide a comprehensive framework to tackle rogue traders in all 26 member states. The regulations apply to all business sectors with some specific references to direct marketing.
	The Business Protection from Misleading Marketing Regulations 2008 - DMA Guidance   (Published: 15 Jul 2008 - 39KB) The Business Protection from Misleading Marketing Regulations (BPRs) came into force on 26 May 2008. These new regulations will replace the Control of Misleading Advertisements Regulations 1988 as amended and large parts of the Trade Descriptions Act 1968 as amended, and will govern misleading and comparative advertising between businesses.
	ECJ decision on rolled-up holiday pay   (Published: 18 Apr 2006 - 26KB) The European Court of Justice (the “ECJ”) has handed down judgement in three cases referred to it by the English courts. The ECJ was asked to rule on the legality of rolled-up holiday pay in the cases of Caulfield v Marshalls Clay Products Ltd, Clarke v Frank Staddon Ltd and Robinson-Steele v RD Retail Services Ltd.
	New TUPE regulations   (Published: 18 Apr 2006 - 34KB) On 6 April 2006 the Transfer of Undertakings (Protection of Employment) Regulations 2006 came into force. Under the new Regulations, TUPE will apply to changes in contractors, as well as situations where services are outsourced and insourced.
	The DMA guide to the Employment Code of Practice   (Published: 16 Nov 2005 - 65KB) The Information Commissioner has released the Employment Code of Practice. This document is the DMA''s summary of the Employment Code of Practice.
	Fairness of terms in consumer contracts (Statement of Good Practice)   (Published: 1 Jun 2005 - 90KB) The FSA has set out the standards it expects regulated financial services firms to meet when writing contracts for retail consumers for their products and services. The FSA has produced the statement as it is now an enforcement authority under the Unfair Contract Terms Regulations.
	Gambling Act 2005   (Published: 3 May 2005 - 137KB) Link to the Gambling Act 2005.
	Gambling Act 2005   (Published: 3 May 2005 - 41KB) Department for Culture, Media and Sport explanatory notes to the Gambling Act 2005.
	Alternative Standard Contractual Clauses for transfer of data from the EU to third countries   (Published: 23 Mar 2005 - 153KB) FAQ''s and Copy of the clauses. The clauses can be used from 1 April 2005. The differences from the European Commission''s version are highlighted in the FAQ''s.
	Standard opt-out and opt-in clauses   (Published: 15 Mar 2005 - 70KB) DMA suggested opt-out and opt-in clauses for use in data capture
	Financial Services Business to Consumer Direct Marketing Guidelines   (Published: 15 Feb 2005 - 259KB) DMA guidance for those putting together a financial services promotion and designed to highlight various points and issues to be included or taken into account.
	Financial Services Authority (FSA) - Insurance Conduct of Business Rules (ICOB)   (Published: 11 Jan 2005 - 79KB) The DMA has prepared a summary of the FSA Insurance Conduct of Business Rules which apply from the 14 January 2005 to all firms promoting/selling insurance products.
	Information Commissioner publishes Health Data Code   (Published: 21 Dec 2004 - 29KB) The Information Commissioner''s office has published the final section of its four-part Employment Practices Data Protection Code - Information About Workers'' Health.
	New National Minimum Wage Regulations on fair piece rates   (Published: 2 Nov 2004 - 61KB) A summary of National Minimum Wage - fair piece rates came into force on 1 October 2004
	Consumer Protection (Distance Selling) Regulations 2000   (Published: 15 Oct 2004 - 70KB) OFT guidance for businesses on the Home Shopping (Distance Selling) Regulations 2000.
	Ofcom Statement of policy on the persistent misuse of an electronic communications network or electronic communications service.   (Published: 15 Oct 2004 - 130KB)
	International agencies join forces to combat spam   (Published: 12 Oct 2004 - 53KB) The Office of Fair Trading has said that global cooperation on network security, law enforcement & heightened consumer awareness is needed to help shield internet users from spam.
	Spam - Tips to help consumers to fight back   (Published: 12 Oct 2004 - 53KB) The Office of Fair Trading (''the OFT'') has published a list of consumer tips to help shield internet users from spam.
	Competition & Prize Draw Terms & Conditions   (Published: 26 Aug 2004 - 59KB)
	Contract data processing   (Published: 26 Aug 2004 - 38KB)
	Controller to Processor Agreement   (Published: 26 Aug 2004 - 442KB)
	Controller to Controller Agreement   (Published: 26 Aug 2004 - 430KB)
	Medicines (Advertising) Amendment Regulations 2004   (Published: 11 Jun 2004 - 87KB) Link to the Medicines (Advertising) Amendment Regualtions.
	Consumer Credit ( Early Settlement) Regulations 2004   (Published: 7 Jun 2004 - 164KB) Link to the Consumer Credit (Early Settlement) Regulations.
	Consumer Credit (Disclosure of Information) Regulations 2004   (Published: 5 Jun 2004 - 97KB) Link to the Consumer Credit (Disclosure of Information) Regulations
	Consumer Credit (Agreements) (Amendment) Regulations 2004   (Published: 3 Jun 2004 - 371KB) Link to the Consumer Credit (Agreements) (Amendment) Regulations
	Consumer Credit (Advertisements) Regulations 2004 - Guidance Notes   (Published: 2 Jun 2004 - 137KB) BERR guidance to the Consumer Credit (Advertisements) Regulations 2004, including assumptions for the calculation of the APR
	The Consumer Credit (Advertisements) Regulations 2004   (Published: 1 Jun 2004 - 169KB) Link to the Consumer Credit (Advertisements) Regulations
	Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2004   (Published: 5 May 2004 - 14KB) Regulations implementing the Corporate Telephone Preference Service
	Price Marking Order 2004   (Published: 15 Apr 2004 - 154KB) Link to the Price Marking Order
	Copyright Directive (2001/29/EC)   (Published: 10 Feb 2004 - 72KB) DMA Summary of the implementation of the Copyright Directive (2001/29/EC)
	Employment - Increases in compensation limits   (Published: 6 Feb 2004 - 47KB) Increase in compensation limits awarded by Employment Tribunal
	Privacy and Electronic Communications Regulations 2003   (Published: 19 Sep 2003 - 189KB) The Privacy and Electronic Communications (EC Directive) Regulations 2003
	Monitoring at Work   (Published: 27 Jun 2003 - 91KB) Code of Practice on Monitoring at Work
	Sale and Supply of Goods to Consumer Regulations 2002   (Published: 18 Feb 2003 - 47KB) DMA Summary - Sales and Supply of Goods to Consumer Regulations 2002.
	Control of Misleading Advertisements (Amendment) Regulations 2003   (Published: 1 Jan 2003 - 21KB) LInk to the Control of Misleading Advertisements (Amendment) Regulations
	Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002   (Published: 19 Dec 2002 - 91KB) A summary of the rights of fixed-term employees
	Sale and Supply of Goods to Consumer Regulations 2002   (Published: 17 Dec 2002 - 55KB) Link to The Sale and Supply of Goods to Consumers Regulations 2002.
	Employment Act 2002   (Published: 6 Dec 2002 - 53KB) Right to adoption leave if adopting a child under 18 years
	Employment Act 2002   (Published: 5 Dec 2002 - 70KB) Parents right to paternity leave both birth of a child and adoption of a child
	Employment Act 2002   (Published: 2 Dec 2002 - 55KB) Rights during and after maternity leave
	Electronic Commerce (EC Directive) Regulations 2002   (Published: 10 Oct 2002 - 52KB) Link to the Electronic Commerce (EC Directive) Regulations 2002.
	Electronic Commerce (EC Directive) Regulations 2002   (Published: 9 Oct 2002 - 443KB) DTI guide for businesses to the Electronic Commerce Regulations
	Electronic Commerce (EC Directive) Regulations 2002   (Published: 7 Oct 2002 - 153KB) Complying with the E-Commerce Regulations 2002 - DTI Guidance
	Proposal for a Directive on the Working Conditions of Temporary (Agency) Workers   (Published: 10 Sep 2002 - 67KB) Consultation Proposal
	Disability Discrimination Act 1995   (Published: 20 Nov 2001 - 42KB) DMA Summary - Disability Discrimination Act 1995
	Data Protection Act 1998   (Published: 16 Oct 2001 - 46KB) Link to Data Protection Act 1998, Chapter 29.
	Regulation of Investigatory Powers Act 2000   (Published: 11 Oct 2001 - 133KB) Introduction 08-00
	Telecommunications (Data Protection and Privacy) Regulations 1999   (Published: 11 Oct 2001 - 86KB) DMA summary of the Telecommunications (Data Protection) Regulations 1999
	Data Protection Act 1998   (Published: 10 Oct 2001 - 137KB) Safe Harbor Principles - DMA Summary 11-00
	Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000   (Published: 9 Oct 2001 - 17KB) Link to Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
	Financial Services (Distance Marketing) Regulations 2004   (Published: 9 Oct 2001 - 113KB) Link to the Financial Services (Distance Marketing) Regulations
	Representation of the People Act 2000   (Published: 9 Oct 2001 - 18KB) Link to Representation of the people Act 2000, Chapter 2.
	Financial Services and Markets Act 2000   (Published: 8 Oct 2001 - 189KB) Link to Financial Services and Markets Act 2000.
	Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000   (Published: 8 Oct 2001 - 111KB) DMA summary of the Telecommunications (Lawful Business Practice) Regulations
	Data Protection Act 1998   (Published: 8 Oct 2001 - 158KB) Data Protection Act - DMA Summary
	Disability Discrimination Act 1995   (Published: 8 Oct 2001 - 44KB) Link to Disability Discrimination Act 1995, Chapter 50.
	Competition Act 1988   (Published: 8 Oct 2001 - 54KB) The text of this Internet version of the Act is published by the Queen''s Printer of Acts of Parliament and has been prepared to reflect the text as it received Royal Assent
	Competition Act 1998   (Published: 7 Oct 2001 - 63KB) DMA Overview - New competition legislation will reform and strengthen UK competition law by introducing prohibitions of anti-competitive agreements and abuses of a dominant position.
	Regulation of Investigatory Powers Act 2000   (Published: 7 Oct 2001 - 39KB) Link to Regulations of Investigatory Powers Act 2000, Chapter 23.
	Telecommunications (Data Protection and Privacy) Regulations 1999   (Published: 7 Oct 2001 - 30KB) DMA summary of the Telecommunications (Data Protection and Privacy) Regulations 1999
	Telecommunications (Data Protection and Privacy) (Direct Marketing) Regulations 1999   (Published: 7 Oct 2001 - 112KB) DMA summary of the Telecommunications Regulations
	Consumer Protection (Distance Selling) Regulations 2000   (Published: 1 Oct 2000 - 109KB) DTI guide for businesses to the Consumer Protection (Distance Selling) Regulations 2000
	Control of Misleading Advertisements Regulations 1988   (Published: 1 Jan 1998 - 42KB) Link to the Control of Misleading Advertisements Regulations 1988.