Legal considerations when carrying out email marketing?

12 October 2011 Categories: Blog

Most important point don’t spam. There are however ways of targeting customers which is less anoying

  •  We are regulated by the Data Protection Act on how we build and manage your customer database. You need to comply with the law when sending emails to people who aren’t already customers. Further information can be found at: http://www.ico.gov.uk/Home/for_organisations/topic_specific_guides/marketing.aspx
  •  Never  reveal recipients’ details on any emails, its illegal. Create a mailing group that sends a blind carbon copy (bcc) to each recipient.
  • Do not conceal your identity.
  • Under e-commerce regulations, marketing emails must include certain information about your business, including its full name, contact details and a clear indication of prices if you refer to them.
  • Must be a valid address for people to opt out of receiving emails from you.
  • You cannot send unsolicited marketing messages by email to individual subscribers unless you have their prior consent.

 

There are exemptions

  • If the email address was collected in the course of a sale or if the recipient has expressed an interest in “similar” items and chose not to opt out when the address was originally collected. “Individual subscribers” do not include companies or individuals within companies.
  • E-commerce regulations require you to make all commercial email clearly identifiable as such, either in the header or the text of the email.
  • There must allows be an unsubscribe mechanism for people to ‘opt-out’ of receiving further email marketing material.
  • The above information only covers the salient points of email marketing. For further information please refer to the Data Protection Act 1998 and contact the DMA (Direct Marketing Association).