{"id":4952,"date":"2016-11-24T18:34:34","date_gmt":"2016-11-24T18:34:34","guid":{"rendered":"https:\/\/simplylaw.waydevelopers.com\/england-wales\/wiki\/understanding-anti-spam-law\/"},"modified":"2023-09-12T16:29:00","modified_gmt":"2023-09-12T16:29:00","slug":"understanding-anti-spam-law","status":"publish","type":"articles","link":"https:\/\/simply.law\/england-wales\/articles\/understanding-anti-spam-law\/","title":{"rendered":"Understanding Anti-spam law when marketing your business"},"content":{"rendered":"

In an increasingly competitive world of trade and commerce, marketing our business through direct marketing emails is part and parcel of everyday life to maximise exposure. But how many of us are completely up to speed with the do\u2019s and don\u2019t s of anti-spam law and does your business e-marketing campaign comply with these rules?<\/strong><\/p>\n

What is anti-spam law?<\/span><\/strong><\/p>\n

Anti-spam law restricts the sending of unsolicited emails (spam) to individuals. It is still possible for unsolicited emails to be sent to corporate subscribers or a business if the emails are relevant to their work.\u00a0 <\/span>E.g it\u2019s ok to send an email advertising professional indemnity insurance to a law firm but it\u2019s not ok to send emails about diamant\u00e9 dog accessories.<\/span><\/span><\/p>\n

Anti-spam law is enforced by the Information Commissioner and breaches of these Rules in the Privacy and Electronic Communications Regulations 2003 can result in a fine of up to \u00a35000. <\/span><\/p>\n

Some businesses might from time to time subcontract their e-marketing campaign out to other company but the Information Commissioner will proceed against you first if the rules of anti-spam law are breached, as you or your business will be the \u2018instigator\u2019 of the direct email marketing communication.<\/span><\/p>\n

Is the business you\u2019re sending emails to an individual?<\/span><\/strong><\/p>\n

The restrictions on spamming individual subscribers apply not just to consumers, but also sole traders and partnerships because they are still individuals, despite the fact they run a business, and even if your email is within their business capacity.<\/span><\/p>\n

A \u2018corporate\u2019 subscriber will usually be a Limited Company (Ltd) or a Limited Liability Partnership (LLP) as well as schools, hospitals, government departments, public bodies or agencies.<\/span><\/p>\n

Rules for Individual Subscribers for direct marketing.<\/span><\/p>\n

You can send direct marketing emails to individuals only if they have given specific consent and that they have been previously notified before receiving such emails from your business.<\/span><\/p>\n

The specific consent given by the individual must involve some positive action. For example, if they have the option to tick the opt-in box or enter an email address in a field they are opting-in, these would be positive acts for this purpose, rather than a default pre-ticked box on your website or an email address taken from a business card received whilst networking.<\/span><\/p>\n

What are \u2018soft opt-ins?<\/span><\/strong><\/p>\n

In some circumstances individuals could still receive marketing emails from businesses even though they haven\u2019t specifically given consent. This is known as \u2018soft\u2019 opt-in. Under the soft opt-in rules the sending of direct marketing emails are permitted if:<\/span><\/p>\n