Businesses often send emails and make telephone calls as part of their marketing strategies. However, there are various stringent legal rules to follow when using these marketing methods. This article will highlight some key legal considerations for conducting email and telephone marketing. <\/p>\n\n\n\n
When sending email marketing and making marketing calls, you need to comply with both data protection and electronic communication laws.<\/p>\n\n\n\n
Most businesses know about the rules under the UK General Data Protection Regulation<\/a> (UK GDPR<\/strong>). The UK GDPR sets rules about processing personal data about living individuals. However, there is less knowledge about the rules under the Privacy and Electronic Communications Regulations (PECR<\/strong>). PECR sets out various rules about using electronic communications for direct marketing. <\/p>\n\n\n\n Direct marketing means the targeting of advertising to specific individuals. PECR applies strict rules around using emails, texts and phone calls for direct marketing.<\/p>\n\n\n\n Compliance with PECR is mandatory. You will need to comply with the PECR rules if your business:<\/p>\n\n\n\n The legal rules on email marketing<\/a> are complex. Whether you can send out marketing emails depends on whether your marketing targets corporations or individuals. Every time you send marketing materials, you should identify who you are. Additionally, you should provide individuals with an easy way to unsubscribe (and action such requests).<\/p>\n\n\n\n You usually need consent to send email marketing communications 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, to demonstrate your customer consented to receiving the email you could: <\/p>\n\n\n\n One exception to gaining specific consent to sending marketing materials is an exception for existing customers, known as the \u2018soft opt-in\u2019. <\/p>\n\n\n\n You can send marketing texts or emails to your existing customers if you:<\/p>\n\n\n\n In practice, a lot of businesses use this option, particularly e-commerce businesses.<\/p>\n\n\n\n You can send emails to \u2018corporate subscribers\u2019 (i.e. limited companies, limited liability partnerships and corporate bodies) without consent. However, this does not apply to sole traders and non-LLP partnerships. <\/p>\n\n\n\n The individual receiving the email at the corporate organisation should always have the right to unsubscribe.<\/p>\n\n\n\n If your business sends email marketing to various types of customers, understanding the rules that apply can be difficult. You also need to document the lawful basis for processing personal data under the UK GDPR. For example, you will need to have a valid, lawful reason to use individuals\u2019 names and contact details for email marketing purposes.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n\n
Email Marketing Rules<\/h2>\n\n\n\n
Individual Recipients of Emails<\/h3>\n\n\n\n
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Corporate Recipients of Emails<\/h3>\n\n\n\n