arketing regulations

Electronic mail

The rules covering electronic mail apply to any message that consists of text, voice, sound or images, eg email, voicemail and answerphone messages.

You can only carry out unsolicited marketing - marketing an individual has not specifically requested - by electronic mail if the individual you are sending the message to has given you permission.

There is an exception to this rule, known as the 'soft opt-in' that applies where:

• you have obtained the individual's details in the course of a sale or the negotiations for a sale of a product or service to that person
• the messages are only marketing your similar products or services
• the individual is given the opportunity to refuse the marketing when their details are collected and, if they do not opt out, you give them a simple way to do so in every future message

The opt-out option should allow the individual to reply directly to the message. In the case of text messages, an individual could opt out by sending a stop message to a short code number, for example, text 'STOP' to 12345. The only cost should be the cost of sending the message.

Individuals can opt out of receiving marketing at any time and you must comply with any opt-out requests promptly.

Email marketing to organisations

If you are sending marketing to organisations, you don't have to have their consent but you must include the name of your business in the email and provide a valid address where opt-out requests can be sent. However, if you have an email address which is 'personal data', for example name.surname@company.co.uk, the individual employees of that organisation still have the right to prevent that email address being used for direct marketing.

Telephone marketing

You can't make unsolicited telephone calls to an individual or organisation who has told you they do not want your calls, or has registered with the Telephone Preference Service (TPS).  Businesses can register with the Corporate Telephone Preference Service (CTPS) 

You cannot make automated calls (pre-recorded phone messages) without getting the individual or organisation's permission first.

Fax

Organisations cannot send unsolicited marketing faxes to individuals unless they have agreed to receive them. You can't send faxes to individuals or organisations who have registered their number on the Fax Preference Service (FPS).