www.nb2bc.co.

uk Email Marketing:Email Marketing:

Comply with the LawComply with the Law

2828thth February 2007 February 2007Liz RoweLiz Rowe

© 2005 NB2BC

www.nb2bc.co.

uk

Your presenterYour presenter

Liz Rowe Marketing Executive

The National B2B Centre

Tel: 02476 573061

© 2005 NB2BC

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uk

ObjectivesObjectives

To gain a clear understanding of the email and communication regulations affecting your business – without the jargon!

To highlight best practice for collecting data and sending email marketing messages

To show further information and support available from the relevant legal and governing bodies.

© 2005 NB2BC

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What laws affect my business?What laws affect my business?

The Data Protection Act 1998, The Privacy and Electronic Communications 2003 (EC Directive) and The Committee of Advertising Practice Code (CAP)

The Data Protection Act is concerned with the processing of personal information and client records

• Protecting the clients data from being transferred or disclosed

The Privacy and Electronic Communications (PECR) regulates all email, mobile and telephone communications

• Making it illegal to send unsolicited email/SMS to an individual unless they have ‘opted-in’

CAP is an industry body that writes and enforces British code of advertising, sales, promotions and direct marketing

• Ensures all email marketing is honest and decent

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Today’s FocusToday’s Focus

The impact of the Data Protection Act and PECR on e-marketing

Who you can and cannot email

Collecting data

The Opt-In rule

Exemptions

Third party data

Best practice steps

Further information and resources

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The impact on e-marketingThe impact on e-marketing

Two new rules apply to e-marketing:

1st New Rule

Applies to all marketing messages sent by email, regardless of the recipient:

- The sender must not conceal their identity and

- The sender must provide a valid address for opt-out (or unsubscribe) requests

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The impact on e-marketingThe impact on e-marketing

2nd New Rule

Only applies to unsolicited email to individual subscribers:

-Senders cannot send such messages unless they have the recipients prior consent to do so (Opt-in)

-Consent is King!

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Collecting DataCollecting Data

Use a permission statement to collect data

Ask the subject to tick a box to ‘opt-in’ (pre-ticked boxes do not represent consent)

Use their data in accordance with a privacy policy, shown clearly on your website

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Definition of Opt-InDefinition of Opt-In

Opt-in consent is required before unsolicited emails can be sent to individuals

‘We may contact you with information about our goods or services, if you do not wish to be contacted tick here’

‘If you would like to receive information about our goods or services please tick here’

Default = NO!

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What If…?What If…?

I meet someone at a networking event and they give me their card, can I email them an offer for my business?

• Yes

I need to get email addresses for an email marketing campaign, can I get these from surfing the internet?

• No

My friend gives me a business card for someone he met, can I email them an offer for my business?

• No

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ExemptionsExemptions

Emails can only be sent on an ‘opt-out’ basis (also known as ‘soft opt-in’) if :

The recipient’s email address was obtained in the context of a sale or negotiations for a sale

The email relates only to your company’s own similar products provided to the customer

Customers are clearly given the opportunity to ‘opt-out’ on all emails

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Third Party DataThird Party Data

You can share data with similar businesses with the consent of the subject

Customers must give consent before their details are sold to a third party such as list brokers and advertisers

Third party sellers should build indemnities and warranties into the contract of purchase

Tip: Test permission statements for your data gathering

EG. Super Holidays Ltd would like to keep you informed of special offers including brochures. If you would like to receive this information please tick here [ ]If you would also like to receive similar offers from our partners please tick here [ ]

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ReferralsReferrals

If one data subject refers another subject to you the referred person’s data can only be used once unless their permission is given to use it again

You can incentivise the response

No response means the referred person cannot be added to your mailing list

Always get consent!

© 2005 NB2BC

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How are the regulations How are the regulations enforced?enforced?

Failure to comply can result in a business being liable for unlimited fines

The Data Protection Commissioner can make investigations and serve an enforcement notice which sets out the steps that must be complied with

Worst penalties include legal fees and prison

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Best Practice StepsBest Practice Steps

Step One

Ensure all emails have a standard footer:

- You must include your company’s registered number, country of registration, registered office address and standard disclaimer

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Best Practice StepsBest Practice Steps

Step TwoEnsure employees are all aware of the law, you are responsible for their actions.

Issue a company policy for use of internal and external email www.email-policy.com

Step Three

Set up a clear privacy policy stating how you will use the data collected and make it prominent on your website

www.oecd.org (see presenter for a direct link)

- Present click-through to privacy policy on the data collection screen to tell users how their details will be used

- Only collect the data you need

- If your site contains cookies make visitors aware of them www.aboutcookies.org

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Best Practice StepsBest Practice Steps

Step Four

Check any data you buy is compliant and from a reputable source www.marketingfile.com

The Internet Advertising Bureau has a set of industry guidelines www.iab.net

Step Five

Review all existing databases. Opt-in consent should be obtained from all contacts; reliance on exemptions should be minimal.

Re-write your Opt-in permission statement if necessary. Include an Opt-out option on all email marketing campaigns.

Step Six

Notify the Information Commissioner of the data processing you undertake at www.ico.gov.uk £35 p.a

© 2005 NB2BC

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……and finally!and finally!

Step Seven

Don’t Spam. Check out your messages before you send them www.lyris.com/resources/contentchecker

Did you know?

77% of all worldwide email traffic was Spam

in 2004 (www.itfacts.biz) and in a 2yr period

$630m was lost to email scams

© 2005 NB2BC

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uk

Further Information Further Information

Visit the B2B Centre Toolbox for fact sheets and this presentation at:

www.nb2bc.co.uk/toolboxes/marketing_online/event_downloads

Fact sheets:

- Eight Principles of the Data Protection Act

- Guide to Cookies

- SPAM Check

See:

www.ico.gov.uk Information Commissioners Office (DPA and PECR)

www.dma.org.uk Direct Marketing Association (self regulation)

www.cap.org.uk Code of Advertising Practice

www.truste.org E-Commerce security and data protection