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The UK Opt-In Rules Explained
By Karen Skidmore | May 19, 2008
Following last week’s post about whether an email newsletter should be opt-in only or “business card dump” with an opt-out option (yup, you know what I prefer!), I thought I had better make sure we all know the opt-in rules for the UK. My thanks go to Graham Jones, Internet Psychologist, who posted this on my Ecademy posting:
“The UK rules are explained at http://www.ico.gov.uk/Home/for_organisations/topic_specific_guides/marketing.aspx. Essentially, they say you can only use OPT IN unless you are sending the newsletter to an organisation and not an individual, when no opt in is required. There are a couple of minor exceptions for individuals too, but the Information Commissioner emphasises the need to follow good practice which is described as OPT IN.
“The CAN-SPAM act in the USA only applies, of course, if your list includes USA addresses. However, many email newsletters could be exempt from the CAN-SPAM act anyway. The act only applies to messages which are “primarily advertising a product or service”. Any email that updates customers in an “existing relationship” about your company activities is largely exempted from the CAN-SPAM act. (See: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm)
“Both the UK and USA laws require that all marketing emails contain a physical postal address.
“So, merely adding people to your list from business cards you’ve collected is not acceptable to the law makers - and as the messages in this thread suggest, it’s not acceptable to individuals either.”
So there you have it. Facts and figures to back up my “business card dumping” deadly sin of email newsletters.
Topics: Growing your subscriber list, Promoting an email newsletter |