This document discusses e-mail marketing regulations and best practices. It outlines the legal framework for direct marketing, including rules around consent, identity of senders, and opt-outs. Regulations apply to both business-to-consumer and business-to-business e-mail. The document emphasizes the importance of proper processes, data quality, staff education, and central databases to ensure compliance and optimize marketing efforts. Failure to comply with regulations is considered breach of law.

1. E-mail Marketing and the Law © Blue Zebra Associates Ltd 2008 - 2009

2. Agenda The ‘new’ legal framework Practice not theory Pulling it all together. © Blue Zebra Associates Ltd 2008

3. The Legal Framework © Blue Zebra Associates Ltd 2008 - 2009

4. The Need for Tightening Regulations Email Identified as Spam Source: MessageLabs - September 2009 © Blue Zebra Associates Ltd 2008

5. The Need for Tightening Regulations It’s Nothing Personal… Source: Kapersky Lab (March 2009)

6. The Need for Tightening Regulations Virus in Email Source: MessageLabs (October 2006) Source: MessageLabs - September 2009 © Blue Zebra Associates Ltd 2008

7. The Need for Tightening Regulations Phishing Source: MessageLabs - March 2009 © Blue Zebra Associates Ltd 2008

9. Adopted 12th July 2002

10. Supplements Directive 95/46/EC - Data Protection Act

12. Privacy & Electronic Communications Regulations Consultation period Final form delayed until 18th Sept Effective date 11th December 2003 Guidelines published late November 2003. © Blue Zebra Associates Ltd 2008

13. The Legal Framework

14. The Legal Framework ELECTRONIC COMMUNICATIONS The Privacy and Electronic Communications (EC Directive) Regulations 2003 11th December 2003 © Blue Zebra Associates Ltd 2008

15. What the Regulations Say Direct Marketing Definition Solicited / Unsolicited - Difference What is consent For the time being Valid Address for Unsubscribe Similar Products and Services Clear Identity of Sender Business to Business Legacy databases © Blue Zebra Associates Ltd 2008

16. Direct Marketing Definition “the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals” Wide range of activities - Promotion of organisation aims / ideals - Charity appeal for funds - Political parties call to action © Blue Zebra Associates Ltd 2008

17. Solicited v Unsolicited Solicited Message is one that you have invited Unsolicited Message is one that you consent to receive NOT failed to object to receive © Blue Zebra Associates Ltd 2008

18. Consent Means Ticking a Box? “any freely given specific and INFORMED indication of his wishes by which the data subject signifies his agreement” Click on an icon Send an email Subscribe Unambiguous © Blue Zebra Associates Ltd 2008

19. For the Time Being Consent is given “for the time being” Implies transient nature Can object “for the time being” Does not time out © Blue Zebra Associates Ltd 2008

20. Valid Address for Unsubscribe Email address or an icon Phone number is not an option (not even free-phone) © Blue Zebra Associates Ltd 2008

21. Similar Products and Services Reasonable expectation Opt-outs Information Commissioner focussing on failures to comply with opt-out requests. © Blue Zebra Associates Ltd 2008

22. Clear Identity of Sender Must be in header Must not disguise who you are Includes SMS messages to small screens © Blue Zebra Associates Ltd 2008

23. Business to Business Individual Subscribers Corporate Subscribers Opt-out not extended to Corporate Subscribers Data Protection Act means if you know their name you should obey opt-out requests © Blue Zebra Associates Ltd 2008

24. Legacy Databases (11th Dec 2003) Compiled in accordance with old laws Used recentlyCAN CARRY ON, BUT…. Opt-out with every message Unless compiled on Opt-in basis then only need address with every message. © Blue Zebra Associates Ltd 2008

25. Enforcement Information Commissioner - Same as the Data Protection Act Penalties Damages Enforcement Notice Due Diligence Defence © Blue Zebra Associates Ltd 2008

28. The sender only sends messages relating to similar products and services AND

29. When address collected the recipient was given the opportunity to Opt-out. © Blue Zebra Associates Ltd 2008

31. Company Registration number must be displayed

32. Registered Office Address must be displayed

33. If VAT registered the number must be displayed.© Blue Zebra Associates Ltd 2008

34. Further reading www.informationcommissioner.gov.uk www.dti.gov.uk © Blue Zebra Associates Ltd 2006

35. Legal Framework Recap Regulations in place now Opt-ins Soft Opt-ins For the time being Legacy Database Due Diligence © Blue Zebra Associates Ltd 2008

36. Practice not Theory © Blue Zebra Associates Ltd 2008 - 2008

37. Business to Consumer Always applies Opt-in almost exclusively Existing Customers - Similar products and services

38. Business to Business Can be done without permission Other regulations apply What is a business? What does best practice look like? © Blue Zebra Associates Ltd 2008

39. Unsubscribe Legal examples: - To no longer receive this newsletter, please send us a blank e-mail - If you do not wish to receive further e- mails from Blue Zebra, please feel free to unsubscribe. Non compliant: - To be removed from the mailing list please call 0800 233700 © Blue Zebra Associates Ltd 2008

40. You are in breach of regulations if… Identity of Sender is disguised or concealed No valid address for opt-out request Recipient has opted out Applies to B2B and B2C © Blue Zebra Associates Ltd 2008

41. Opt in examples Best practice: - By submitting this registration form, you will be indicating your consent to receiving e-mail marketing messages from us unless you have indicated an objection to receiving such messages by ticking the above box Not acceptable: - if you do not wish to receive emails from ourselves or our partners please tick the box [] © Blue Zebra Associates Ltd 2008

42. Subscribers Individual Subscribers - Individuals - Sole Traders - Partnerships Corporate Subscribers - Limited companies - PLC’s - Government Dept’s - Local Authorities - LLP’s - Clubs - Charities © Blue Zebra Associates Ltd 2008

43. What is a personal e-mail address? Assumptions: - AOL - Hotmail - BT / BTopenworld - Yahoo etc www.blue-zebra.com © Blue Zebra Associates Ltd 2008

44. Partnerships Law firms Accountants Surveyors Architects etc… Can send to - Scottish Partnerships - LLP’s © Blue Zebra Associates Ltd 2008

45. Importance of Data Quality Recording of key data Need for accurate data How do you keep data accurate Where do you record opt-in? Opt-out (suppressed not removed) © Blue Zebra Associates Ltd 2008

46. Email Policies Written into company handbook Penalties for breach Part of disciplinary procedures Cover all outbound bulk electronic communications Clearly indicate what is/is not allowed in e-mail and text messaging. © Blue Zebra Associates Ltd 2008

47. Processes For complaint handling For opt-in recording For opt-out recording For guaranteeing opt-outs do not get mail © Blue Zebra Associates Ltd 2008

48. What about Personal Contact Stores? Outlook Lotus Notes PDA Mobile phone etc… © Blue Zebra Associates Ltd 2008

49. Education Program for all staff Particular need for Marketing and Sales Staff Programme for new recruits. © Blue Zebra Associates Ltd 2008

50. Opt-in What is it What do I need to record? I have her business card. © Blue Zebra Associates Ltd 2008

51. Sending Emails Overseas Need to apply UK rules Be aware that other EU countries may have implemented different interpretations CAN-SPAM Act of 2003. Controlling the Assault of Non-Solicited Pornography and Marketing www.spamlaws.com © Blue Zebra Associates Ltd 2008

52. Putting it all together © Blue Zebra Associates Ltd 2008 - 2009

53. The Promotional Mix

54. Social Media Discussion Forums Wiki’s (Open, Organisation, Internal, Publication) PodCasts Blogs Micro Blogging (Twitter) RSS Publishing (Really Simple Syndication) Social Networking (Facebook, Linked-in etc) Collaboration Spaces (Trip Advisor) Tagging / Sharing (Delicious) Sharing (Google Doc’s, SlideShare, Flikr) Mash-ups (Google Maps) Virtual Worlds (SecondLife)

55. Decision Tree © Blue Zebra Associates Ltd 2008 - 2009

56. Possible actions Need to work on Data Quality Processes Staff education Database Improve marketing to reduce opt-outs. © Blue Zebra Associates Ltd 2008

57. Methodology Review Processes: - Data capture - Opt-out - Training - Data Quality - Data stores Identify actions needed Identify opportunities to become more “customer focussed”. © Blue Zebra Associates Ltd 2008

58. eNewsletter Example Sent 341 Opened 189 Click thrus 64 Leads 2. www.constantcontact.com © Blue Zebra Associates Ltd 2008

59. Summary Failure to comply is breaking the law Opportunity to improve marketing Need to work on data quality Processes Staff education Central Database © Blue Zebra Associates Ltd 2008

60. Blue Zebra Associates Ltd © Blue Zebra Associates Ltd 2008 - 2009