UK Spam Legislation
In the United Kingdom, the Privacy and Electronic Communications (EC Directive) Regulations 2003 places restrictions on how companies carry out unsolicited direct marketing by electronic mail. In this legislation, direct marketing includes messages trying to sell goods or services, as well as those promoting the values or beliefs of a particular organisation.
There are two key elements to this legislation.
The first element is Consent and Choice.
You can only carry out unsolicited email marketing (i.e. marketing which has not specifically been asked for) if the individual you are sending the message to has given you their permission and can choose to opt out of receiving marketing at any time. Opt-out requests MUST be dealt with “promptly” and the opt-out option should allow the individual to reply directly to the message.
There is a “soft opt-in” exception to this rule, where you are able to send unsolicited email IF:
- you have obtained the individual’s details in the course of a sale or the negotiations for a sale of a product or service to that person;
- the messages are only marketing your similar products or services;
AND - the individual is given a simple opportunity to refuse the marketing when their details are collected and, if they do not opt out, you give them a simple way to do so in every future message.
The second element refers to your identity and contact details.
Each message must tell the recipient who has sent the message. You also have to provide a valid address so that they can contact you if they want to stop the marketing.
Exceptions: Would you believe, the rules do not apply to emails sent to organisations (corporate subscribers)! However, you must still identify yourself and provide an address.
Resources:
Privacy and Electronic Communications
Guidance for marketers on the Privacy and Electronic Communications (EC Directive) Regulations 2003 - PDF
Data Protection Good Practice Note - PDF
European Union Spam Information
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