The answer depends on the message’s purpose, whether it was requested and the recipient type—not on whether AI wrote it. Review service communications and marketing separately.
| Message | Practical legal distinction to assess |
|---|---|
| Confirmation of an existing appointment | A factual service message may fall outside direct marketing |
| Appointment reminder containing a new-plan promotion | Promotional content can make the message direct marketing |
| A quote the customer specifically requested | Assess it as a solicited communication, not a blanket permission for future campaigns |
| Unsolicited marketing to an individual subscriber | Consent or all applicable soft-opt-in conditions are needed |
| Unsolicited marketing to a corporate subscriber | Different PECR consent rules apply; identification and opt-out requirements remain |
These distinctions are set out in the ICO’s service-message and electronic-mail guidance. Sole traders and ordinary partnerships must not simply be treated as corporate subscribers. (ico.org.uk)
The products-and-services soft opt-in requires direct collection during a sale or sales negotiation, marketing of your similar products or services, and an opt-out opportunity both at collection and in subsequent messages. Having a telephone number in the CRM is not sufficient evidence. (ico.org.uk)
Our implementation recommendation is a permission record with the collection source, date, wording, permitted channel and subsequent objections. Suppression should be checked before each send, including messages already waiting in a sequence.
This is procurement guidance, not a substitute for reviewing your actual messages and collection process with a qualified adviser.
Sources cited on this page
- ico.org.uk ↗ico.org.uk
- ico.org.uk ↗ico.org.uk