The Privacy and Electronic Communications Regulations

eMail Marketing can be a great low cost, fast marketing channel for businesses. Unfortunately though, legitimate marketing communication sent by businesses to customers is overshadowed by the large amount of junk mail (spam) that is also sent. As a result of a significant increase in the volume of junk mail being sent in recent years, the Privacy and Electronic Communications (EC Directive) Regulations have been introduced in the UK.

The regulations apply to all businesses that send out marketing by telephone, fax, automated calling system, eMail, SMS (text messages), MMS (multimedia messages) or any other form of electronic communication.

If your business is engaged in direct marketing to individuals, then you are bound by and must comply with these Regulations.

The Privacy and Electronic Communications Regulations state that you must have prior consent to send unsolicited marketing material by eMail to individual subscribers, unless you have obtained the details during the course of a sale. You must give recipients the opportunity to object in every marketing message you send out, and if you continue to send them even after someone has objected or send them to people who have not expressed an interest in receiving them at all, people can lodge a complaint against you with the Information Commissioner’s Office.

There are various other rules businesses must comply with, such as that all marketing communications to individuals should identify the sender and provide a valid address so that they may unsubscribe whenever they wish.

If you ask their permission first, most customers will be happy to receive relevant, genuine marketing messages from you and will appreciate the fact that you are providing an easy way to opt out of receiving these messages. If your good practice in this stands out, customers are much more likely to maintain contact and to return to you to do further business.

Further information

The Privacy and Electronic Communications Regulations (2003):
http://www.opsi.gov.uk/si/si2003/20032426.htm

Amendments to The Privacy and Electronic Communications Regulations (2004):
http://www.opsi.gov.uk/si/si2004/20041039.htm