EMMA guidance on email marketing

In March 2002, the chair of the E-mail Marketing Association (EMMA) attacked the practice of non-members using 'permission-based' to refer not to opt-in lists, but to 'opt-out' lists where individual members on a list had failed to opt-out of such use being made of their personal details. However, at the time of writing, the UK's Direct Marketing Association (DMA) allows its members to collect and use e-mail addresses for marketing purposes on an 'opt-out' basis. This is consistent with the law provided the data is not sensitive personal data.

Such sensitive personal data, the 1998 Act provides, cannot be processed or used in any way on anything other than an 'opt-in' basis. If an organisation has not collected sensitive personal data, therefore, the EMMA position is 'best practice' as some might see it, as opposed to strictly required by current laws.

Remember that if you decide to collect data on an 'opt-out' basis since it is still legal currently, then if opt-in becomes law in the future, you may not be able to use this data: the opt-in law may be retrospective. For this reason, many companies are deciding to use opt-in now to protect their contact database for the future.

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