Influence of New EU Legislation On Email Marketing
In November 2003, it became illegal In Ireland to send unsolicited marketing emails to individuals. Those responsible will be liable for up to €3,000 per message sent enforceable by the commissioner of communications.
Under the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003, opt-in consent is required before sending unsolicited marketing emails to individuals. Opt-out consent is required when sending unsolicited direct marketing messages to companies.
Exemption to the "Opt-In" rules
Email can be sent on an "opt-out" basis, where the following are true:
- The email address was obtained from a customer of a business in compliance with general data protection principles and was obtained in the context of a sale of a product or service of that business
- The email must only relate to that business's own similar products or services provided to that customer
- On each email recipients are clearly given the opportunity to easily unsubscribe free of charge
What Steps Should You Take?
- Existing lists should be reviewed. Best practice indicates that opt-in consent, in almost all cases, should be obtained and that reliance on the exemptions should be at a minimum.
- A written record should be kept of the consent, its extent and the date the consent was supplied.
- Update existing collection methods to ensure that "opt-in" mechanisms are included.
- Inform colleagues/employees of the new rules. Companies can be fined for the actions of their employees.
Back to February's Newsletter
