EU Directive Guidelines
Soft opt-in
If contact details have been obtained in the course of a sale or negotiations, and the material sent is for similar products and services, and the recipient was given the opportunity to refuse communications and is subsequently given the option to opt-out.
In this instance, a sale does not have to be completed. It is sufficient for a soft opt-in as long as the person has actively expressed an interest in purchasing the company’s products or services, and at that point has not refused marketing communications from the company. This does not include using cookies from website visits.
Business to Business
The regulations apply to business to business marketing as follows:
- You must not conceal your identity when sending marketing messages
- You must provide a valid email address for recipients to use to opt-out.
The Directive within the EU
Countries within the EU have set their own levels of protection and regulations. Campaigns planned across EU member countries, need to comply with the regulations in place in the country in which you are based. You are encouraged to respect the laws of the other countries, and should seek legal advice when planning pan-European campaigns.
Anyone processing personal data must still comply with the Data Protection Act.
How to complain about unwanted electronic mails:
From 11 December 2003 complain to the Information Commissioner with an Unsolicited Electronic Mail Complaint Form. This form will not be available until after this date.
Disclaimer
The Regulations and Guidelines are extensive. The purpose of this email was to try to give a simple overview, but we strongly recommend that you read the entire Guidelines to ensure there is nothing that could adversely affect your business. The full guidelines are available in 2 Acrobat PDF files at the DTI website.
Please remember this is just a subset and our interpretation of the guidelines. Please ensure you read the guidelines for the regulations to make sure you are compliant.