2.12 Can I ask my customers to provide the electronic contact details of friends as part of a "refer a friend" scheme so that I can market them about my products and services?

It is an offence under the provisions of SI 535 of 2003 as amended by SI 526 of 2008 to send an unsolicited marketing message to someone where there is no existing customer relationship. The onus is on the sender to show that the recipient has consented to the receipt of such messages. It is difficult to see how the operation of a "refer a friend" facility could meet this requirement.