Dec 11th UK Email Legislation

We have tried to condense this into a concise checklist so you can make a quick check of your email marketing plans.

Our Email Legislation Checklist:

1. If the person you are sending to has had no contact with you previously - you need to ask for permission first.
2. If you have already had a business relationship then you can email them until they ask you to no longer send emails BUT see 3!
3. For 2 to apply, you must be offering SIMILAR products and services to those previously offered. It is however unclear just how similar the new product advertised needs to be to avoid breach of the legislation.
4. Make sure your email makes it clear who it is from.
5. Include a valid reply address.
6. The opportunity to opt-out must be given with each subsequent message so an 'unsubscribe' link must be in your emails.

Our Advice

The key thing is that you now need permission for 'cold' emailing - but note that 'opt-out' still applies for fax and telephone - so you could use those techniques to request permission - provided that you check the 'block' lists before you fax or phone.

We suggest attracting relevant potential customers to your site through search engines and additional marketing activities, get them interested in your products and services - and take the opportunity to ask them to sign up for your email newsletters, special offers and information. This gives you the permission you need.

What if I already have a mailing list and not sure of its origins?

Our advice, as many companies are doing at the moment would be to email everyone on your list and ask them to re-subscribe through either an automated link within your email or ask them to send an email to, for example, subscribe@companyname.com.

Below is some text you may wish to send to your existing subscribers:
Due to new regulations regarding email marketing and newsletters, we must ask you to re-subscribe to this newsletter if you wish to receive news from COMPANYNAME in the future. If you do not wish to receive any more emails, you don't have to take any action and your data will be removed. You can unsubscribe to this newsletter at any time.

Using email lists bought from brokers

Using email lists bought from reputable list brokers is acceptable but only if you email the people on the list first and tell them where you got their email, who you are and your contact information and asking them if they wish to subscribe to your mailing list to receive information on the products and services you provide. Do not send any further emails to people who have not subscribed to your mailing list.

The Privacy and Electronic Communications (EC Directive) Regulations 2003

The relevant legislation is called 'The Privacy and Electronic Communications (EC Directive) Regulations 2003'. This comes into force on the 11th December 2003.

Below are two key sections of the regulations as they affect email marketing - although these should be read within the context of the Data Protection Act '98.*

Use of Electronic Mail for Direct Marketing Purposes

22 (1) This regulation applies to the transmission of unsolicited communication by means of electronic mail to individual subscribers.

(2) Except in circumstances referred to in paragraph (3), a person shall neither transmit, nor instigate the transmission of, unsolicited communications for the purposes of direct marketing by means of electronic mail unless the recipient of the electronic mail has previously notified the sender that he consents for the time being to such communications being sent by, or at the instigation of, the sender.

(3) A person may send or instigate the sending of electronic mail for the purposes of direct marketing where-

(a) that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient;

(b)the direct marketing is in respect of that person's similar products and services only; and

(c) the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of his contact details for the purposes of such direct marketing, at the time that the details were initially collected, and where he did not initially refuse the use of the details, at the time of each subsequent communication.

(4) A subscriber shall not permit his line to be used in contravention of paragraph (2).

Use of electronic mail for direct marketing purposes where the identity or address of the sender is concealed

23. A person shall neither transmit, nor instigate the transmission of, a communication for the purposes of direct marketing by means of electronic mail-

(a) where the identity of the person on whose behalf the communication has been sent has been disguised or concealed; or

(b) where a valid address to which the recipient of the communication may send a request that such communications cease has not been provided.

* Information supplied is for guidance only and it does NOT replace proper legal advice and as such we take no responsiblity for the consequences of following guidance shown on this page.

Links

• How the new directive affects email
• The Information Commissioner's Office
• The European Directive

Email Marketing - One Day Training Course
E-mail marketing is fast effective and dirt cheap - a godsend for marketers in an economy that has crunched advertising budgets
Time Magazine - November, 2002

Gensortium has teamed up with AA Training Solutions to bring you a one day training course aimed at increasing sales through the use of marketing via email. The course is designed for marketers/self employed/small/medium sized companies or sales managers who have considered e-marketing as part of their sales strategy. Attendees will update their legislative knowledge in email marketing (including Dec 11th legislation day issues) - click here for more information >>