Understanding privacy and permission-based e-mailing
The Privacy and Electronic Communications Regulations 2003 came into force in December 2003 and provides very specific guidelines within which businesses must operate when marketing via email.
What is an email
The definition of 'e-mail' under the regulations includes voicemail, mobile phone text messages, and sound files and image files as sent over a public network.
When you don’t need to get permission to send an email
You don’t need to get permission to market to customers you've been in touch with before as long as:
- you’re promoting a similar or related product or service to the previous one
- you have obtained the individual’s details in the course of a sale or the negotiations for a sale of a product or service
AND
- you always offer them the chance to opt out.
You must put an option for opting out on every email you send. The usual way to do this is to include a standard sentence explaining how to opt out at the end of every e-mail. You must not charge recipients to opt out, for example you must not use a premium rate phone number.
When you need to get permission to send an email
If you want to attract new customers who have never bought from you or made an enquiry from you before this is called an unsolicited approach, that is, they have not requested that you contact them. Before you send an unsolicited e-mail you must first get permission from the person you are contacting. This can be done, for example, by getting them to tick a box when they register their e-mail details on your website. If you don't get their permission before sending them a marketing e-mail, you'll be sending spam.
If you rent or buy lists of names from other businesses which you intend to use for e-mail marketing, it's your responsibility to check that every name on the list has opted in to receive promotional e-mails from companies providing goods or services similar to yours. If they haven't don't waste your time or money buying the data or using it for an email campaign. At best your email will never be read, at worst you can cause reputational damage to your business by sending spam.
For more information see the Information Commissioner's Data Protection Good Practice Note on electronic mail marketing (opens a pdf file).
Information that must be included on your email
As well as giving the recipent the opportunity to opt out of recieving any more emails from you there is certain contact and company information that by law you must include. This will vary according to your trading status.
See our article Information on your stationery and website for details.
Understanding privacy and permission-based e-mailing
The Privacy and Electronic Communications Regulations 2003 came into force in December 2003 and provides very specific guidelines within which businesses must operate when marketing via email.
What is an email
The definition of 'e-mail' under the regulations includes voicemail, mobile phone text messages, and sound files and image files as sent over a public network.
When you don’t need to get permission to send an email
You don’t need to get permission to market to customers you've been in touch with before as long as:
- you’re promoting a similar or related product or service to the previous one
- you have obtained the individual’s details in the course of a sale or the negotiations for a sale of a product or service
AND
- you always offer them the chance to opt out.
You must put an option for opting out on every email you send. The usual way to do this is to include a standard sentence explaining how to opt out at the end of every e-mail. You must not charge recipients to opt out, for example you must not use a premium rate phone number.
When you need to get permission to send an email
If you want to attract new customers who have never bought from you or made an enquiry from you before this is called an unsolicited approach, that is, they have not requested that you contact them. Before you send an unsolicited e-mail you must first get permission from the person you are contacting. This can be done, for example, by getting them to tick a box when they register their e-mail details on your website. If you don't get their permission before sending them a marketing e-mail, you'll be sending spam.
If you rent or buy lists of names from other businesses which you intend to use for e-mail marketing, it's your responsibility to check that every name on the list has opted in to receive promotional e-mails from companies providing goods or services similar to yours. If they haven't don't waste your time or money buying the data or using it for an email campaign. At best your email will never be read, at worst you can cause reputational damage to your business by sending spam.
For more information see the Information Commissioner's Data Protection Good Practice Note on electronic mail marketing (opens a pdf file).
Information that must be included on your email
As well as giving the recipent the opportunity to opt out of recieving any more emails from you there is certain contact and company information that by law you must include. This will vary according to your trading status.
See our article Information on your stationery and website for details.