Pre-implementation, the Department of Trade & Industry wrestled with the question of direct marketing and other areas covered by the e-Privacy Directive. However, it was not until actual implementation on 11 December 2003 that direct marketers had anything approaching a definitive statement as to the likely application of the e-Privacy Directive's requirements in the UK. The guidance recently issued by the Office of Information Commissioner (ICO) further clears up a number of grey areas. However, almost inevitably it adds a few of its own. Furthermore, direct marketers should not assume that the ICO's approach is sacrosanct. As we shall consider, the Advertising Standards Authority has taken a particularly strict approach to the requirements of the e-Privacy Directive in relation to direct marketing. Nevertheless, in this respect, and in relation to other areas covered by the new Regulations where difficult privacy issues arise, namely in relation to the use of cookies and similar tracking devices and the retention and processing of traffic and location data, the ICO guidance is essential reading.