Your business should avoid email spamming its customers at all costs. Not only does it cause frustration, it also exposes your business to serious risk. Therefore, preventing sending out spam content is essential to keep customers happy and protect your brand. You should want to be seen as a reputable company that does not send unwanted emails and spam. This article will explain the key legal rules around email marketing and how your business can take proactive steps to avoid email spamming customers.\u00a0<\/p>\n\n\n\n
Sending email marketing<\/a> is often a key marketing tool for business growth. However, strict legal rules apply when sending out marketing emails. This is an area in which regulators have been particularly concerned. The last thing individuals want is unwanted emails in their inboxes. The UK ICO (the data protection regulator) has taken several enforcement actions against companies who have spammed customers. Remember \u2013 it may only take a few complaints to bring spamming unlawfully to the regulator\u2019s attention. Where you have large mailing lists and email lists of customers, it may be hard to track whether you are sending spam emails. However, this is a legal obligation. Every time you send marketing materials, you should identify who you are. You also should provide individuals with an easy way to unsubscribe (and action such requests).<\/p>\n\n\n\n In England and Wales, the key rules around email marketing fall under the Privacy and Electronic Communications Regulations<\/a> 2003 (PECR<\/strong>). Businesses must comply with the relevant legal rules<\/a> when sending marketing emails.<\/p>\n\n\n\n PECR applies different rules for email marketing, which depends on the email recipient. <\/p>\n\n\n\n In summary, PECR prescribes two key sets of rules. One set of rules applies to \u2018individual\u2019 recipients (known under PECR as \u2018individual subscribers\u2019), and another applies to corporate recipients (\u2018corporate subscribers\u2019). We unpack these rules below.<\/p>\n\n\n\n Usually, you need consent to send email marketing to individuals (i.e. consumers, sole traders and simple non-incorporated partnerships). Consent needs to be freely given, specific, informed and unambiguous. The consent must be a very clear form of positive action. For example, your customer could show consent by ticking a box or sending an email to show the recipient agrees to receive marketing emails. <\/p>\n\n\n\n You cannot rely on a pre-ticked box. You should keep clear records of what an individual has consented to, and when and how the consent was obtained. This will allow you to demonstrate your compliance with the PECR in the event of a complaint.<\/p>\n\n\n\n A very limited exception allows you to send email marketing to individual recipients who have not given consent. This is known as the \u2018soft opt-in\u2019. The soft-opt has a number of rules, but in short, it allows you to send email marketing to customers who had purchased from you before and did not opt out of receiving your marketing emails. You should be careful when using this exception and ensure you are comfortable with the rules. <\/p>\n\n\n\n These rules are more relaxed when contacting corporates. You can send marketing emails to \u2018corporate subscribers\u2019 (i.e. limited companies, limited liability partnerships and public bodies) without consent. However, this does not apply to sole traders and non-LLP partnerships. For those organisations, you will still need to get consent.<\/p>\n\n\n\n Therefore, when sending out emails, ensure you comply with these rules depending on which types of customers you are contacting.<\/p>\n\n\n\n When sending marketing emails, always display a clearly visible unsubscribe button within your email. This prevents email recipients from receiving further emails if they do not want them and is also a legal requirement. Practically, it will help your company ensure an accurate list of individuals who want to hear about your promotional offers and future products.<\/p>\n\n\n\n Some examples of what is not<\/strong> spam include where you:<\/p>\n\n\n\n1. Emailing Individual Recipients<\/h3>\n\n\n\n
2. Emailing Corporate Recipients<\/h3>\n\n\n\n
What Emails are Not Spam?<\/h2>\n\n\n\n
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