What is and isn’t direct marketing guidance for health and care professionals
This guidance considers the rules on direct marketing in the context of health and care communications.
When communicating with patients and service users, you need to consider whether the communication is direct marketing or not. This is because where a direct marketing communication is sent by electronic mail or text, you will need the consent of the individual prior to sending that communication.
Most communications that people receive from their healthcare professionals, will not be direct marketing. If you are a public authority and your messages are necessary for your task or function, these messages are not direct marketing. To decide whether a communication is direct marketing, you should consider whether the communication is necessary for your organisation’s task or function.
- Individual care or treatment
- service communications such as amended opening hours for a GP practice or notification that a prescription is ready to collect
- messages seeking feedback on a service with the aim of service improvement
- communications about research participation from organisations whose tasks and functions include the conduct of health and social care research
- sending appointment reminders or letters to patients or service users or their representative if they have one
- sending invites to attend screening programmes, such as cervical screening or vaccination programmes
- sending eligible registered patients or service users communications letting them know that flu vaccinations are available
- sending registered patients or service users an electronic communication alerting them to a business change, for example, new opening hours
- notifications informing the patient or service user their prescription is ready for collection from the pharmacy
- alerting patients or service users to a new clinic that is relevant to their health condition, for example, a nurse informing a smoker during a consultation of a new smoking cessation clinic
- GP practices contacting relevant patients to promote a reminder service for flu vaccines where the individual has been identified as someone for whom the vaccination is appropriate for their healthcare
- notifying a patient of their quarterly clinical review for their health condition
- sending a text asking for feedback on the service provided, for example, friends and family test with the aim of improving service delivery
- a GP practice or hospital trust sending a message to an individual to inform them about a health or social care research project they may be eligible to participate in
- a text sent by the health or care provider to a patient or service user, to let them know of a service offered by a commercial company, such as a new gym is opening
- a hospital trust contacting a patient following treatment to ask if they would be willing to donate to the hospital charity
- an optician contacting their customers to inform them of a special offer on prescription sunglasses
- a patient participation group inviting patients to a charity event to raise money for medical equipment
- sending communications about a hospital trust’s fundraiser where the message is not directed at a named patient or service user. For example, it is addressed to a household but their personal data from the hospital system is used to select them
- a message, sent by a health or care provider to a patient or service user, which contains information about political campaigns or messaging that could be seen as political. For example this could include encouraging individuals to contact their MP about a funding issue
If a message includes any promotional element which is not related to the task or function of the organisation, then the whole message will be considered direct marketing. Therefore, if you do want to send any promotional message which is not related to your task and function, you should send this separately to messages which are part of your task and function.
Data protection
In all cases, regardless of whether a communication is considered direct marketing or not, it is important to ensure that the UK GDPR and data protection legislation are complied with.
A patient or service user should not be surprised when contact is made or by the nature of the service. They should also be clear about how their information is being used and shared. This may be via:
- transparency information or notices on your organisation’s website or on premises
- information provided to the patient or service user when they first come into contact, or register, with your organisation or service
- information provided to the patient or service user prior to attending the first session of the new service or offer, or upon arrival, for example, reading material given to the patient or service user
Transparency information should also make patients and service users aware of their right to object to the processing of their personal data. Where an individual objects to direct marketing, their data must not be further used or shared for that purpose.
You should also take into account any guidance issued by your registrant or professional body regarding the marketing and promotion of your services.
For help, advice or support, contact your information governance professional, or Caldicott Guardian. In social care settings that are unlikely to have Caldicott Guardians, you should contact senior staff who are on duty or on call.
Last edited: 7 May 2026 12:47 pm