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E-mail campaigns...Part 1
Tuesday, October 25, 2005
So you've decided to set up an e-mail campaign/newsletter. That's great, but have you checked that it's legally compliant?
E-mail marketing is exceedingly powerful - it's focussed marketing allowing you to set up a relationship with your prospects and it's pro-active - you have control.
Your main objective is obviously to capture and use e-mail addresses, but only after you have obtained permission. If you do not obtain permission, you are spamming and therefore breaking the law.
Opt-in lists can be built up from your website, offline materials, joint ventures and existing contacts. When you're starting out, some of the mailing lists that you can purchase (advertised as "100,000 opted-in leads" or similar) look very tempting. However, even if they are opted-in, they have not opted-in to your list, and whilst they may have ticked a box agreeing to receive third-party mailings, you don't know what service they signed up from e.g. if someone agreed to receive 3rd party mailings from a pet food company, what use is that to a clothing manufacturer??!!
Side note : You must have received spam (or UCE - 'unsolicited commercial e-mail') before - it never comes from the same person more than once and offers you all sorts of items or services that you don't need. If you receive several of these a day, or if you're really unlucky, hundreds, you'll understand how irritating spam is.
In the UK, there are two main legal areas to comply with, both regulated by the Information Commissioner - www.informationcommissioner.gov.uk
1. Privacy and Electronic Communications Regulations (EU Law)
- The sender must not conceal their identity
- The sender must provide a valid address for opt-out requests
- The sender must not send out messages without having prior permission unless there is a pre-existing business relationship
2. Data Protection Act (UK Law)
- The person holding the personal data in electronic format ("Data Controller") must register with the Information Commissioner
- Registration is annual, costing £35
Part 2 will tell you how to set-up a mailing list/newsletter for free!
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