{"id":187171,"date":"2024-04-16T01:08:13","date_gmt":"2024-04-16T00:08:13","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=187171"},"modified":"2024-05-29T04:44:05","modified_gmt":"2024-05-29T03:44:05","slug":"consumers-promotional-offers","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/data-privacy-it\/consumers-promotional-offers\/","title":{"rendered":"Can I Send Consumers Promotional Offers?"},"content":{"rendered":"\n

Sending customers and potential new customers email marketing<\/u><\/a> is a standard business marketing strategy. Sending people promotional offers can significantly benefit a brand by fostering customer loyalty and encouraging repeat business. However, you must understand that legal rules govern the sending of such marketing emails. The laws that apply are stricter when sending marketing offers to individual consumers, so you need to take particular care. This article will explore whether your business can send consumers promotional offers and the fundamental legal rules that apply when doing so.<\/p>\n\n\n

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GDPR Essentials Factsheet<\/div>\n
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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

Which Laws Are Relevant to Email Marketing?<\/h2>\n\n\n\n

Email marketing has the potential to increase brand awareness and attract both existing and potential customers to make purchases. For example, brands frequently send emails advertising sales promotions, flash sales, or other special offers. Marketing emails play a crucial role in promoting products and communicating business principles. However, you need to understand that legal regulations govern these “direct marketing” communications.<\/p>\n\n\n\n

In direct marketing, you send out specific individual advertisements or promotional offers, such as sending a sales offer promotion via email.<\/p>\n\n\n\n

Before you proceed with email marketing campaigns, understanding and adhering to the relevant legal requirements is vital. Email marketing campaigns generally require compliance with both the UK General Data Protection Regulation (UK GDPR) when handling personal data and the Privacy and Electronic Communications Regulations (PECR) when sending electronic communications.<\/p>\n\n\n\n

Privacy and Electronic Communications Regulations (PECR) outlines the rules for lawfully sending marketing communications, including promotional emails. Additionally, the UK General Data Protection Regulation (UK GDPR) can apply, mainly when marketing emails involve personal information, such as targeting individuals using their email addresses, including their names. You can learn more about how the UK General Data Protection Regulation applies to direct marketing<\/u><\/a>.<\/p>\n\n\n\n

What Rules Do I Need to Follow When Emailing Consumers Marketing?<\/h2>\n\n\n\n

Before you send out marketing emails (including promotional ones), you need to understand the legal rules for these activities.<\/p>\n\n\n\n

The Privacy and Electronic Communications Regulations establish the rules businesses must follow when sending electronic communications. Within Privacy and Electronic Communications Regulations, there is a division between two types of marketing communications recipients: Individual Subscribers and Corporate Subscribers.<\/p>\n\n\n\n

Individual Subscribers encompass a broad spectrum of recipients, ranging from everyday consumers to small-scale entrepreneurs such as sole traders and non-incorporated partnerships<\/a>. For these recipients, you generally need to obtain their consent before sending them email marketing. Individual consumers fall into the category of Individual Subscribers, but it is important to note that some types of businesses do, too.<\/p>\n\n\n\n

Consent is not just an exercise of ticking a checkbox \u2013 your business must demonstrate that individuals have expressly and willingly opted to receive marketing communications from you. Consent must be ‘freely given, specific, informed, and unambiguous’ to be valid. A common way to prove consent meets this standard is to ask recipients to tick a clear form approving their consent to receive marketing emails from your business.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n

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