E-mail Marketing: Do You Know The Law Here In Scotland
E-mail marketing is a popular form of marketing throughout Scotland and the rest of the UK, in fact it is very popular throughout the world. Do you know what your legal requirement are here in Scotland.
While not onerous, e-mail marketing laws are there to protect the the recipient from both unwanted emails (spam) and their privacy. The law is fairly basic, very clear and not at all difficult to follow.
Prior consent (opt-in): Many firms are now using the double opt in method when obtaining subscription information. Double opt in is where the user not only subscribes to receive information, they also confirm that subscription by responding to an email sent to their registered address. This is not a requirement, a single opt-in is the minimum requirement, however you can protect yourself by using double opt-in.
An existing customer relationship: If you have obtained the e-mail address of an individual during th course of a sale and that customer had the opportunity to refuse to be added to a mailing list then you may add them without further opt-in requirements. It should be noted that any e-mail marketing can only be for goods or services related to the purchase.
Clear identification of the sender: The information given must include - your company registration number, place of registration and registered office address.
Clear opt-out provisions: The provision of an address that the recipient can contact to withdraw their consent. This can be in the form of a snail mail address, telephone number, e-mail contact address or some form of automatic opt-out software. Once a subscriber opts-out they should be removed from the mailing list at the first possible opportunity.
Generally speaking, e-mail marketing can only be undertaken as described at the time the e-mail address was collected. There are other laws that govern privacy and the sale of data collected for e-mail marketing.
If your marketing to business and the recipients e-mail address is a business address then these regulations do not apply. In Scotland, there are no specific opt-in regulations covering business to business (B2B) e-mail marketing campaigns.
If require more assistance when developing an e-mail marketing campaign in Scotland, contact ASM Development for more information.
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