Staying within the law

What are the implications for e-mail marketers arising from these emerging laws? We can make these guidelines:

1. The short-term view is that it is acceptable to use an opt-out approach now provided 'sensitive personal data' are not involved. This may result in more business in the short term, but at the risk of alienating some prospects or customers who believe they have not opted-in to these communications.

2. The longer term view is that when collecting data it may be best to start an opt-in approach now, for when the future law comes into place.

3. When buying e-mail lists, care should be taken to ask exactly how those on the list were asked whether they wished to opt-in or opt-out. This may even require assessing the form of the question (see Chapter 4, page 115).

4. Be aware of and counter the possibility of a spammer using your server for spamming. It can be hijacked if you do not have adequate security measures in place. If this does happen your server could be suspended by the ISP.

5. When devising campaigns, ensure that:

(a) the e-mail is clearly a marketing communication: this should be the case if the offer and sender are clear

(b) the originator of the e-mail is clear: provide a statement of origination for clarity

(c) opt-out lists are respected

(d) there is a clear privacy statement

(e) on-line promotional competitions or discounts are clearly identifiable as such, and conditions easily accessible and presented clearly and unambiguously

(f) all price indications on-line are clear and unambiguous, and indicate whether inclusive of packaging and delivery costs.

Was this article helpful?