Are automatic replies to enquiries allowed under PECR?
Generally yes, if they stay service messages. The ICO describes service messages as messages that are not promotional but are for administrative or customer service purposes. Thank the person, say when someone will reply and ask for quote details. Adding offers, discounts or review requests can turn the reply into direct marketing.
This is a plain-English summary of ICO guidance, not legal advice. For your own situation, read the ICO guidance or ask a qualified adviser.
What PECR covers
PECR (the Privacy and Electronic Communications Regulations) controls direct marketing by email, text, phone and other electronic channels. The ICO defines direct marketing as “the communication (by whatever means) of advertising or marketing material which is directed to particular individuals.”
Replying to an enquiry is a service message, if you keep it plain
The ICO describes service messages as messages “that aren’t promotional but are for administrative or customer services purposes”. It adds: “Data protection law and PECR don’t stop you from telling your customers important information that they need to know as part of their relationship with you.”
The trap: one promotional line
The ICO says: “If your service message has elements that are direct marketing, even if that is not the main purpose of your message, then it will count as direct marketing.” Branding is fine: “if your service message contains general branding or logos, this doesn’t count as direct marketing.” Tone matters too: a message with “a neutral tone” that “simply gives information” is more likely to be a service message.
A simple checklist for auto-replies
- ✅ Thank them and say when a person will reply.
- ✅ Ask for the details you need to quote (for a cleaner: postcode, size, frequency).
- ✅ Include your business name and phone number.
- ❌ No offers, discounts, “refer a friend”, “book this week and save” or review requests.
- ❌ Don’t add enquirers to a newsletter without checking the consent rules first. Contacting people to ask for marketing consent is itself marketing.
Why it matters now
The ICO said on 5 February 2026 that the Data (Use and Access) Act lets it “issue fines of up to £17.5 million or 4% of global turnover under the Privacy and Electronic Communications Regulations (PECR)”.
Phone calls are separate
If you make sales calls, check numbers against the TPS and CTPS first.
Sources
- ICO: Identify direct marketing (fetched 9 October 2026)
- ICO: Statement on the commencement of the Data (Use and Access) Act, 5 February 2026