Marketing campaigns are an essential business tool for growth. Businesses engage in email marketing regularly as part of their marketing strategy to contact current customers, old customers, or new customers. However, businesses must comply with the relevant legal rules when sending marketing emails. Regulators will take serious action against companies who fail to follow the rules. This article will set out some of the key legal considerations for businesses engaging in email marketing.<\/p>\n\n\n\n
There is nothing to stop you from sending out email marketing. For example, sending promotional emails and marketing emails. Businesses often do this to help with brand awareness and to reach potential customers. However, complex legal rules apply, and this is a topic businesses tend to struggle with. In particular, there is a misunderstanding about whom you can send email marketing to and if you need signup forms for email marketing.<\/p>\n\n\n\n
It is a common misconception that email marketing rules fall under the UK General Data Protection Regulation (GDPR). Instead, the rules actually fall under a separate law known as the Privacy and Electronic Communications Regulations (PECR).<\/p>\n<\/div>\n\n\n\n
Let us explore the difference between these two below. <\/p>\n\n\n\n
The UK GDPR governs the processing of personal data<\/a>. This applies to email marketing and email marketing campaigns when the personal data of people is used. Indeed, when utilising email marketing, businesses often use personal data.<\/p>\n\n\n\n PECR governs the rules on using electronic communications for direct marketing<\/a>. PECR contains very strict rules around using emails, texts and phone calls for direct marketing. Direct marketing is defined as communication (by whatever means) of advertising or marketing material directed to particular individuals. PECR applies various rules that you need to follow for email marketing and email campaigns.<\/p>\n\n\n\n In practice, you need to consider both sets of laws when carrying out email marketing.<\/p>\n\n\n\n If you use personal data for email marketing purposes, the UK GDPR rules apply<\/a>.<\/p>\n\n\n\n For example, suppose you plan to send a marketing email promoting a new product to Joe.Bloggs@LegalVision.com.<\/p>\n Since you are using an individual called \u2018Joe\u2019s\u2019 name and Joe can be identified within the email address, this constitutes personal data under the UK GDPR rules.<\/p>\n You will, therefore, need to consider and document your \u2018lawful basis\u2019 (i.e. legal reason) for processing Joe\u2019s data to send him a marketing email.<\/p>\n<\/div>\n\n\n\n Usually, for marketing purposes, the most common grounds businesses rely on to send marketing emails are legitimate interests and consent. Let us explore these in further detail below.<\/p>\n\n\n\n This is where you carry out a balancing test to see what impact your email marketing would have on the rights and freedoms of people you are marketing to. For example, you should consider if an individual would expect you to use tier personal data for marketing purposes. <\/p>\n\n\n\n This is where the individual has given consent to receive marketing. Consent must be freely given, specific and informed. If relying on this ground, you must have obtained valid consent before sending marketing emails.<\/p>\n\n\n\n You should also note that individuals can object to their data being processed under the UK GDPR. So, if at any time they ask you to stop using their data to send them marketing emails, you must do so. In practice, a marketing suppression list can help track who has objected to email marketing. It can also be a good idea for your business to check how its marketing campaign performs. For example, seeing unsubscribe rates may help you understand what email content is working and what is not.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\nPECR<\/h3>\n\n\n\n
UK GDPR and Email Marketing<\/h2>\n\n\n\n
Legitimate Interests<\/h3>\n\n\n\n
Consent<\/h3>\n\n\n\n