Understanding permission-based emailing18 January 2005
The introduction of the Privacy and Electronic Communications Regulations 2003 over a year ago means that businesses wanting to market to customers via email have to be more careful than was previously the case.
The consequences of failure to comply with these regulations are serious. Sending spam can land you in court facing a hefty fine, not to mention the cost to your business of a damaged reputation.
The law applies to businesses using email in various ways but there are a few key aspects every business needs to know:
- The definition of 'email' under the regulations includes voicemail, mobile phone text messages, and sound files and image files as sent over a public network.
- If you send unsolicited marketing emails to individuals - consumers, sole traders and unincorporated partnerships - you must get their permission first. This can be done, for example, by allowing them to opt in via a check box when they register their details on your web site. If you don't get their permission before sending them a marketing email, it will be considered spam.
- You're allowed to market to customers you've been in touch with before as long as you always offer them the chance to opt out. This might include people who have bought things from you before, or whose email address you obtained after they made an enquiry to your business (even if they didn't actually buy anything). The most common way to do this is to include a sentence explaining how to opt out at the foot of the email.
- If you rent or buy lists of names from other businesses which you intend to use for email marketing, it's your responsibility to check that every name on the list has opted in to receive promotional emails. If you don't check and someone on the list complains, you could be prosecuted for spamming.
- The regulations don't yet apply to emails sent to other businesses without their prior permission. But in all cases - consumer and business - you must explain who you are and provide valid contact details, and you must provide a clear explanation of how the recipient can opt out of the mailing.
- Finally, if you collect information about visitors to your web site - for example, by using cookies - you'll need a privacy policy. Find out about privacy policies. (links to a pdf file).
Related links
- Read an explanation of the Privacy and Electronic Communications Regulations 2003 act (link opens in a new window)
