1 No more unsolicited emails

The term is not well defined but, according to the Information Commissioner, unsolicited means ‘uninvited’. Therefore, if the recipient has indicated that he/she has no objection to receiving emails from you, you’ll be safe.

However, it is permitted to send emails marketing your business to individuals whose details you have obtained in the course of a sale, or negotiations for a sale, of similar goods or services.

2 Text messages are included

The new regulations define email as: “Any text, voice, sound or image message sent over a public electronic communications network, including a short message service.” This means a text message is now treated as an email.

3 Marketing to business

Sometimes it’s not easy to distinguish between marketing materials and a press release. For example, is a charity soliciting a donation direct marketing? It’s classed as sending any message by direct means, that’s aimed at informing or soliciting a response from the recipient, and that means sales promotions and fundraising are included. While you’re not allowed to send unsolicited emails to individual subscribers without the recipient’s consent, this doesn’t stop you sending marketing emails to corporate subscribers.

4 Have you got consent?

Although the term, ‘consent’, isn’t defined, it must be freely given, specific and informed. However, it doesn’t need to be in writing, which means you can imply it from an action. Therefore if you ask for someone’s details, making it clear to them that you will use these to send them marketing emails, the act of them replying with that information will imply consent.

However, even if you have received this consent, you still have to give individuals a simple and free means of opting out of receiving direct marketing mails when you collect the details and every time you contact them.

5 Is your information reliable?

You can use your old marketing database, provided you have obtained the details recently and in accordance with the law. This means you must have told the individual exactly who you are and the purposes for which you will use his/her data when you collected it.

6 In or outside the UK?

Even within Europe, member states have implemented the European Directive differently, so the rules will not always be the same. A growing number of states in the US have anti-spam laws, and the penalties for breaking these are much higher.

7 What about cookies?

Cookies are okay so long as you give individuals comprehensive information about the purposes for which you use the data you collect, and they are given the opportunity to refuse the cookie. The information need only be given the first time you use a cookie.