UK email & SMS marketing law

The Privacy and Electronic Communications (EC Directive) Regulations 2003 came into force in the UK on 11th December 2003.

This legislation affects anyone using email or SMS marketing; there are several key points which you must observe in order to avoid being liable for a hefty fine.

A simple overview:

1. If you have had no prior commercial relationship with a person you will have to obtain their permission to communicate with them by email or SMS text message.
2. You cannot obtain this consent via sending an email or SMS message to ask for it, and the permission has to be actively and knowledgeably given - i.e. the user must tick a box or actively opt-in by performing a specific action.
3. If you have had a previous trading relationship you may be able to communicate with them about a similar product or service. It's that little word similar that gets the lawyers salivating. Because English law is largely determined by case law and precedent it will be some time before the definition of similar is determined, very expensively, in court.
4. You must clearly identify the sender of the message.
5. You must provide a valid reply address.
6. You must make it easy for recipients to unsubscribe from future communications.
   

Penalties

Those who fail to follow these regulations face prosecution and could be fined up to £5,000 in a Magistrates Court or an unlimited fine if the prosecution is pursued in the Crown Court.

Useful Links

The Information Commissioner
Responsible for enforcing the electronic communications regulations in the UK.