Care keeps email welcome

Simple precautions can help organisations to ensure their online marketing campaigns operate legally and effectively

Madeline Bennett

In an attempt to reduce the amount of unwanted commercial email bombarding inboxes, the UK government will next week introduce its Privacy and Electronic Communications Regulations.

A key aim of the rules, which will become law in the UK on 11 December, is to prevent people's details being used for unwanted email marketing. Under the new regulations, organisations will, in most instances, need to gain permission from individuals before sending them marketing emails. The exception to this rule is where an organisation is targeting a customer to whom it has previously sold a similar product or service.

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The new regulations offer a framework for good email marketing, while stopping the proliferation of spam, according to Robert Dirskovski, head of Interactive Media at the Direct Marketing Association.

Firms wanting advice on best practice to comply with the new law should refer to guidelines released by the UK information commissioner last month - available via the first web address below.

Given the increasing problem of spam, it is easy to forget that some marketing emails are from organisations that many people would want to encourage.

For example, the British Heart Foundation (BHF) believes email marketing is a highly cost-effective way of raising funds. The charity's head of corporate fundraising, Douglas Rouse, said that almost half of the e-newsletters it sent were opened in its first trial of email marketing last year.

In the light of this success, BHF has launched another campaign this year, this time for its branded credit card.

Rouse maintained that despite initial concerns, the new privacy laws would not penalise legitimate marketers.

Jeff Barnes, vice president of online marketing specialist Bluestreak, said that to ensure compliance with the new law, firms should use data they collect themselves, based on their homegrown opt-in lists.

"If you grow your own list, you know people have opted in and will value the communications," said Barnes. "With a third-party list you can never be sure."Homegrown lists could help firms to target their campaigns more effectively. Barnes gave the example of a web site visitor opting in to receive emails about women's clothing. This data could then be rented out and used by any firm marketing women's attire, but as the range is so wide mailings would not be effectively targeted, he argued. "It's better to email 1,000 people who want your goods rather than risk annoying many thousands with untargeted offers," Barnes added.

Mark Watts, IT partner at law firm Bristows, said that when developing their own mailing lists, firms should keep records of how consent was obtained. He added that emails should contain a means of unsubscribing from further communications. When third-party lists are used, firms should ask for guarantees of the consent.

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Further reading

Spam

Canning spam

Tools, strategies and legal efforts for eradicating unsolicited email - plus advice on how to ensure legitimate email marketing remains both legal and welcome

Data Protection Act

Data Protection Act

How the Data Protection Act affects the way firms can process information and monitor their staff

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