E-mail Marketing Legislation

Tel: 0845-201 2301

E-mail Marketing Legislation

EU Privacy and Electronics Communication Directive came into force on the 11th December 2003 - and makes it an offence for a UK company to send junk email or text messages, unless the recipient is an existing customer or has given their permission to receive such material. 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 e-mail marketing 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 to comply with e-mail marketing rules.

Our Advice

The key thing is that you now need permission for repetitive 'cold' e-mailing - 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.

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 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 as this is against the e-mail marketing regulations.

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 not following the e-mail marketing guidance shown on this page.

The Privacy and Electronic Communications (EC Directive) E-mail Marketing Regulations 2003

The relevant legislation is called 'The Privacy and Electronic Communications (EC Directive) Regulations 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 e-mail 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.