This factsheet sets out how your business can become GDPR compliant.<\/p>\n <\/div>\n \n\nDownload Now<\/a> <\/section>\n <\/div>\n\n\n\n\n The answer will depend on who your business sends marketing emails to. For certain types of customers, you will need to get consent unless an exception applies. For other types of customers, you can send marketing emails without consent. <\/p>\n\n\n\n The PECR sets out different rules for sending out electronic communications. The rules differentiate between \u2018individual recipients\u2019 (\u2018Individual Subscribers\u2019) and \u2018corporate recipients\u2019 (\u2018Corporate Subscribers\u2019). Both categories of email recipients are treated differently, and it is essential to understand the differences between the rules. <\/p>\n\n\n\n When sending your marketing emails, make sure you identify your business in your email communications. Also, make sure that recipients have a simple way to unsubscribe from receiving your marketing emails.<\/p>\n<\/div>\n\n\n\n Generally, your business will need consent to send marketing emails out to Individual Subscribers. Individual Subscribers are:<\/p>\n\n\n\n Your business must obtain consent before sending out marketing emails to these recipients. Note that consent has a very high standard in order to be valid. <\/p>\n\n\n\n Consent must be:<\/p>\n\n\n\n Your business must be able to prove that you have obtained valid consent. Commonly, a business requests consent by asking recipients to clearly tick a box indicating their consent.\u00a0<\/p>\n\n\n\n There is an exception to the rule around obtaining consent. This exception is called the \u2018soft opt-in\u2019.\u00a0<\/p>\n\n\n\n Your business is allowed to send marketing emails to Individual Subscribers if tour business:<\/p>\n\n\n\n A lot of businesses rely on this exemption rather than relying on consent to send marketing emails. However, note that you must fulfil all of its criteria. If you are in doubt about whether you can rely on the soft opt-in, you should seek legal advice.<\/p>\n<\/div>\n\n\n\n Your business may email Corporate Subscribers without their consent. This includes sending emails to:<\/p>\n\n\n\n However, note that certain rules still apply, even though consent is not required. For example, the recipients of your emails must always have the right to unsubscribe. Further, you need to be transparent about your business identity, and you should keep a record of corporates who have unsubscribed from receiving marketing emails from you. <\/p>\n\n\n\n Unhappy email recipients can complain to the UK data protection regulator. The regulator has the power to issue various penalties for non-compliance, including heavy fines of up to \u00a3500,000 for breaching PECR. However, reputational damage and the allegation of \u2018spam\u2019 emails can be equally harmful to your business. As such, you must ensure you understand these rules and that your marketing campaigns are compliant.<\/p>\n<\/div>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\nDo I Need Consent To Send Marketing Emails?<\/h2>\n\n\n\n
When Does Your Business Need Consent?<\/h3>\n\n\n\n
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Are There Any Exceptions To The Rule Regarding Consent?<\/h3>\n\n\n\n
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When is Consent Not Needed?<\/h3>\n\n\n\n
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However, emails about your services will be deemed as \u2018service messages\u2019 and will not count as direct marketing emails so long as there is no promotional content in your email. <\/p>\n\n\n\n
If you intend to send email marketing, there are specific legal rules to follow. You will need to comply with both the:<\/p>\n\n\n\n
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- UK General Data Protection Regulation<\/a> (\u2018UK GDPR\u2019) if your emails involve processing personal information about individuals; and\u00a0<\/li>\n\n\n\n
- the rules regarding electronic communications under the Privacy and Electronic Communications Regulations<\/a> (\u2018PECR\u2019).\u00a0<\/li>\n<\/ul>\n\n\n
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\n \n GDPR Essentials Factsheet<\/div>\n\n\n- consumers; <\/li>\n\n\n\n
- sole traders<\/a>; and <\/li>\n\n\n\n
- non-incorporated partnerships. <\/li>\n<\/ul>\n\n\n\n
- freely given;<\/li>\n\n\n\n
- specific;<\/li>\n\n\n\n
- informed; and <\/li>\n\n\n\n
- unambiguous. <\/li>\n<\/ul>\n\n\n\n
- obtained the contact details of an individual during a sale (or negotiations for a sale) of a product or service to them;<\/li>\n\n\n\n
- is marketing your own similar products or services; and<\/li>\n\n\n\n
- gives the individual a simple opportunity to refuse or opt out of the marketing, both when first collecting details and in every marketing communication following that. <\/li>\n<\/ul>\n\n\n\n
\n- limited companies; <\/li>\n\n\n\n
- limited liability partnerships; and <\/li>\n\n\n\n
- corporate bodies. <\/li>\n<\/ul>\n\n\n\n
\n - the rules regarding electronic communications under the Privacy and Electronic Communications Regulations<\/a> (\u2018PECR\u2019).\u00a0<\/li>\n<\/ul>\n\n\n