With businesses clambering for customers, the use of email marketing has increased rapidly over the last few years. It is seen as a very cost effective way of instantly getting products and services in front of those who matter.
To help, businesses can buy in a list of email addresses which they can send their marketing emails to, rather than relying on their existing customer base alone. This can be particularly useful for businesses which are just starting up or those who simply want to reach a wider audience than usual and are looking to expand. Lists can be bought from companies which specialise in providing this service, or sometimes from companies going into liquidation.
However, some businesses are now receiving complaints from those they are emailing from these lists, saying that they did not consent to receiving marketing from them. When a business is trying to market themselves effectively, this is the last thing it wants to hear.
There are numerous laws, regulations and codes governing email marketing which can create liability for a business or other organisation when it buys in email lists. Do something wrong and an organisation can fall foul of:
- The Data Protection Act 1998;
- The Privacy and Electronic Communications Regulation 2003;
- The Consumer Protection from Unfair Trading Regulations 2008; and
- The UK Code on Advertising, Sales Promotions and Direct Marketing
amongst others. An individual can go on to complain to the Information Commissioner or the Advertising Standards Authority about unwanted marketing and these bodies can give out fines, enforcement notices and there can be the potential for criminal liability in some cases. It can also mean bad publicity for the organisation involved.
The benefits of using such lists are undeniable, however, so although you cannot completely remove the potential risks involved, you can follow some steps to try to reduce them.
Before purchasing, the seller should be asked to provide certain information in order to prove that they have complied with data protection obligations. Individuals have to ‘opt-in’ before they can be sent marketing information and so evidence that all individuals have done so should also be asked for, for example.
If you decide to buy the list, the purchase contract should be prepared carefully and checked to make sure that the seller is giving various assurances. A confirmation that all individuals on the list have consented to receiving email marketing from third parties would be just one example.
When emails come to be sent to those on a list, the email should include a straightforward way for those receiving the emails to opt out of receiving further marketing by email in the future. Often the easiest way of dealing with this is to have a link for them to click in order to unsubscribe to the marketing emails.
For more help with data protection issues please contact Tracey Dickens on 01206 217326 or email tracey.dickens@birkettlong.co.uk
