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Latest articles

Email Communication Regulations Every Business Must Know

Keeping in touch with customers is a vital part of any promotional campaign and using email marketing has become the preferred method thanks to it being economical and traceable.

However, embarking on an email marketing campaign is not as straightforward as many people believe; the area is heavily regulated and serious fines can be handed out to businesses that ignore the warnings.

Understanding the Regulations

The rules apply to businesses sending marketing and advertising by electronic means, with the Information Commissioners Office (ICO) stating that ´electronic´ refers to a "telephone, fax, email, text message and picture (including video) message and by using an automated calling system." Knowing the regulations for each type of marketing is vital to avoid penalties being imposed.

Electronic Mail Campaigns:

Contacting Individuals.

According to the Privacy and Electronic Communications Regulations, when contacting an individual via email:

• You cannot transmit or instigate unsolicited marketing to an individual subscriber unless they have previously consented to receiving it.
• You must not disguise your identity.
• You must include a valid email address so that the recipient can opt out.

Contacting Businesses:

The rules differ in relation to business-to-business communication. In this instance, you are obliged to not conceal your identity and you must provide an email address for the business to opt out of receiving your messages. The difference is that corporate recipients do not have an enforceable right of opt out under the Privacy and Electronic Communications Regulations, but may have a right under Section 11 of the Data Protection Act to ask you to stop sending them marketing material.

Soft Opt In:

One way around unsolicited emails is the "soft opt in" regulation, which states that marketing material may be sent to a customer if:

You have obtained their contact details in the course of a sale.

The direct marketing material you are sending relates to products and services similar to those they have previously purchased The recipient has a simple means of refusing.

Never just go ahead and contact as many people as you can via electronic mail; it may be illegal and heavy fines could be imposed. As of 25th May 2011, any business found guilty of sending unwanted marketing emails to consumers could face a fine of up to £500,000. Understand your obligations, or use an experienced web team who know the regulations to manage your campaigns for you.