Finkk Blog

Understanding the law in email marketing and advertising

Posted in - Blog on May 15th 2017 0 Comments

There are laws and regulations you need to refer to when it comes to email marketing. You need to understand your obligations when it comes to sending email communications.

Here are the top ten main points:

1 – You must check if customers want to be contacted by you – either by phone, post or email.

2- If you are collecting customer details, you must get their permission first if you want to send them any kind of promotional email. You must also ask for their permission if you want to share their information with another organisation.

3- You must clearly provide an opt-out process or provide an address for recipients to easily unsubscribe from future email messages.

Customers have the right to stop their email address being used for marketing purposes – it must be made as simple as possible to stop communications ie using an unsubscribe link.

4- Do not fake sender information
Don’t mask who you are like spammers do when they send emails from something like a bank – which are obviously not from a bank.

5- Include ltd company information
If you are a limited company you need to include this information in your email marketing: Company name, registration number, place of registration and registered office address.

6- Previous customers
You can send to past customers if they have purchased from you or they have enquired about purchasing goods or services from you even if they have never completed a sale as long as they were given the option to not allow consent. Also that the products or services you market to them are similar to those they first purchased or enquired about.

7- Opt out requests
When someone asks to opt out it’s advisable to process it quickly. Ideally an automated system can do this for you. For instance if you use email companies like Mailchimp.

8- Data protection act
You must keep the information about your subscribers secure and ensure it is always up to date.

9- Buying a list of subscribers
You can purchase email lists and you are allowed to use them. But you must be sure that all subscribers on that list have given their consent to receive emails plus that they gave consent to receive marketing material about the products and services you intend to promote.

While some companies offer legitimate email lists for purchase, some do not and will tell you anything to sell you the list. So be aware.

10- Email marketing must clearly indicate:
– Who you are
– That you’re selling something
– What the promotions are, and any T&Cs

Finkk take no responsibility if laws have changed after this blog has been written. The information we have written is correct to the best of our knowledge.

If you would like to contact us to discuss your email marketing requirements please contact us >