Email Legislation

New email legislation comes into force in the UK on 11th December 2003. The regulations set out the rules relating to SPAM (unsolicited commercial emails) and also applies to unsolicited communications by email, fax, texting and telephone. The EU directive 2002/58/EC of 12 July 2002 on Privacy and Electronic Communications concerning the processing of personal data and the protection of privacy in the electronic communications sector is the latest in the fight against the Spammers. This new directive is being put into force to further the data protection laws in the UK and all EU member states. The main aim is to deal with the means of collecting and processing specified data. The existing data protection rules still apply, however they aim to clarify the situation regarding email marketing and how companies disseminate unsolicited commercial marketing emails.

The new rules additionally cover data retention, the use of "cookies" and disclosure of personal data in public directories. From now on for any marketing campaigns you will need to consider the following:

you must have the prior consent of the individual
adopt appropriate and effective "opt-in" procedures (prior consent)

data processing principles of compliance

potential custombers are given information regarding the usage of all data

simple means to enable customers to "opt out"

ensure you have appropriate security policies in place

concealment of identity (disguising senders valid address) is not allowedcookies - devices used by commercial marketeers, useage restricted public directories prior consent must be obtained
data retention must be kept to, necessary, appropriate and proportionate

For further information click here to download the Green Paper
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