![\"Front](\"https:\/\/img.legalvision.com.au\/wp-content\/uploads\/sites\/4\/2023\/07\/04001038\/uk-gdpr-factsheet.jpg\")
\n 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 In practice, many businesses need help understanding that different rules apply depending on their target email marketing audience. This can lead to a breach of the legal regulations under PECR. For instance, if a business thinks it can send a sole trader a marketing email without consent if it has never engaged with that business before. <\/p>\n\n\n\n Your business should ensure that you are fully aware of the different rules that apply and that you understand whom you intend to send marketing emails to and which category they fall into. You will need to ensure that you follow the correct PECR rules accordingly, depending on your target audience. <\/p>\n\n\n\n All individuals should have the option to unsubscribe from receiving your marketing communications. For instance, you can provide a clear unsubscribe link for individuals to click in marketing emails. <\/p>\n\n\n\n It is a severe mistake to fail to keep records of who has unsubscribed from receiving marketing emails from your business. You should note that individuals have the right to complain to the ICO. Failing to recall who has unsubscribed and continuing to email them could lead to individuals complaining that you are spamming them<\/a>. Even a few individual complaints could lead to a regulatory investigation against your business. As such, it is vital to keep records of which individuals have unsubscribed and ensure you do not contact them again. <\/p>\n\n\n\n You can use tools to help you track this, such as maintaining an unsubscribe list that you regularly update. Keeping track of who has unsubscribed can also help practically, as you can see your unsubscribe rates and learn from them.<\/p>\n<\/div>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n3. Not Keeping Records of Who Has Unsubscribed From Marketing Emails<\/h3>\n\n\n\n
There are two fundamental laws to consider when sending marketing emails:<\/p>\n\n\n\n
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- the UK General Data Protection Regulation (UK GDPR<\/strong>) rules govern the processing of personal data. The UK GDPR rules will apply to email marketing to the extent that your business uses personal data to send marketing emails, for instance, by emailing an individual whose name is included in their email address; and <\/li>\n<\/ul>\n\n\n\n
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- the Privacy and Electronic Communications Regulations (PECR<\/strong>) rules apply when a business sends electronic communications for direct marketing. Direct marketing means the communication (by whatever means) of advertising or marketing directed at particular individuals. As such, the rules under PECR apply when your business uses emails to send marketing to individuals. <\/li>\n<\/ul>\n\n\n\n
Most businesses must comply with both sets of laws when sending marketing emails through an email list.<\/p>\n\n\n\n
Which Common Email Marketing Pitfalls Should My Business Avoid?<\/h2>\n\n\n\n
Unfortunately, a lot of businesses struggle to comply with the rules around email marketing. As such, the UK ICO (the data protection regulator) has taken a range of enforcement action against non-compliant businesses. This has included issuing fines for breaching the relevant legal rules. <\/p>\n\n\n\n
Here are some common email marketing mistakes which your business should avoid when engaging in its email marketing efforts:<\/p>\n\n\n\n
1. Failing to Understand the Difference Between PECR and UK GDPR<\/h3>\n\n\n\n
Most businesses will have heard of the UK GDPR. However, there is much less knowledge and publicity of the PECR rules. Whilst businesses commonly recognise the concept of \u2018consent\u2019 under the UK GDPR rules, failing to understand PECR and its rules around email marketing permissions is a severe mistake. <\/p>\n\n\n\n
The law is the law, and ignorance is not an excuse for non-compliance. The PECR rules are complicated, and breaching them can have serious consequences. The UK ICO can issue extreme penalties for non-compliance, with fines as high as \u00a3500,000. Further, breaching PECR can lead to bad press, including negative news stories about \u2018spamming\u2019 customers and causing a nuisance. As such, it is vital to understand the PECR rules and how they apply to your business and its email marketing campaigns.<\/p>\n\n\n\n
Before conducting email marketing campaigns, you must ensure you understand PECR and its rules. If you are unsure about PECR and how its rules apply to your business activities, you should seek legal advice to avoid such common pitfalls. <\/p>\n\n\n\n
2. Not Distinguishing Between Corporate and Individual Subscribers <\/h3>\n\n\n\n
If your business is aware of the PECR rules, you should ensure that you understand its requirements and seek legal advice as necessary. <\/p>\n\n\n\n
- the Privacy and Electronic Communications Regulations (PECR<\/strong>) rules apply when a business sends electronic communications for direct marketing. Direct marketing means the communication (by whatever means) of advertising or marketing directed at particular individuals. As such, the rules under PECR apply when your business uses emails to send marketing to individuals. <\/li>\n<\/ul>\n\n\n\n