If you're planning a marketing campaign, you'll have to comply with a number of regulations. Some of these apply to unsolicited electronic messages sent by telephone, fax, email or text, while others apply to marketing material sent by post.
Electronic mail marketing
The most important thing to remember is that you can only carry out unsolicited electronic marketing if the person you're targeting has given you their permission.
However, there is an exception to this rule. Known as the 'soft opt-in' it applies if the following conditions are met;
- where you've obtained a person's details in the course of a sale or negotiations for a sale of a product or service;
- where the messages are only marketing similiar products or services; and
- where the person is given a simple opportunity to refuse marketing when their details are collected, and if they don't opt out at this point, are given a simple way to do so in future messages
When you send an electronic marketing message, you must tell the recipient who you are and provide a valid contact address.
The rules on emails don't apply to emails sent to organisations, though you must still identify yourself and provide an address.
The Telephone Preference Service (TPS) and Fax Preference Service (FPS) are operated by the Direct Marketing Association, and allow people to register their numbers to opt out of receiving unsolicted calls or faxes. You must not market individuals or organisations who have registered their numbers with the TPS or FPS.
In summary, we recommend that your marketing campaigns are always permission-based and you explain clearly what a person's details will be used for. Provide a simple way for them to opt out of marketing messages and have a system in place for dealing with complaints.
You'll find a brief overview of the electronic regulations at Privacy and Electronic Communications - your legal obligations but before you start any marketing campaign, we advise you to read our detailed guidance notes.
Postal marketing
Postal marketing - more commonly known as 'junk mail' - can form an important part of any organisation's overall marketing strategy. From simple flyers and response forms to competition entries and interactive CDs, postal campaigns can generate important new leads and business.
However, as with electronic marketing, if the person or organisation you're targeting asks to be taken off your mailing list, you must comply with their request. There are no exceptions to this rule, and if you fail to comply, they can apply to the courts for an order against you under section 11 of the Data Protection Act.
The Mailing Preference Service (MPS) is a service set up by the direct marketing industry to help people who don't want to receive 'junk mail'. People simply register their details to prevent further mailings, and several direct marketing codes of practice specify that marketers should clean their lists against the MPS file. Many of the companies who subscribe to the MPS recognise the considerable benefits of the service as they save money, time and resources by not sending material to people who don't wish to receive it.
We have published two Good Practice notes that have an important bearing on the marketing issues.
Charities and marketing explains what charities and voluntary organisations need to do to comply with data protection law when they carry out marketing activities.
Electronic mail marketing is aimed at helping businesses understand the dos and don'ts of electronic mail marketing and gives an overview of the rules in the Privacy and Electronic Communications Regulations.