Compared to the rest of you, I'm still a spring chicken in the field.
This is my answer to PR.
(Please note: Contributions and comments are and were gratefully accepted and
acknowledged)
The Email Marketing Regs that came in Nov 2003 state quite clearly that you
cannot add someone's name to an e-mail marketing list, which includes
e-newsletters, without their prior opt-in.
The usual approach would be to email your contacts to invite them to join the
e-newsletter service. But you cannot say "you're on the list unless you tell us
you don't want to be" (ie.opt-out).
The key to the success of e-newsletters is not to impose inclusion, but to
convince people to voluntarily sign up by telling them:
how useful they'll find it,
how often they'll receive them,
and that they can opt-out at any time,
and that we have a privacy policy
etc
Another good tactic is to attach a dummy version of the newsletter to the
introductory email, so they can see what they would be signing up to, without
(strictly speaking) having sent them "unsolicited
marketing". I think it's generally considered acceptable to send the
invitation to join and one follow-up reminder. After that, you'd be on very
shaky territory.
You should also bear in mind that our ISP probably has strict anti-spam rules.
If someone receives an e-newsletter from you that they never signed up to, they
could well report it to our ISP,
and you could find our Internet service suspended.
Also, the statement -
'If you know someone who would like to receive the bulletin, or would like your
name removed from our database, please reply to this email'.
This is definitely a "Commercial Electronic Communication" as defined in
2002/58/EC, and is unsolicited.
There is no robust opt in/out statement you can use in these circumstances. You
have to use traditional methods of garnering permission but, if you do decide to
take the risk of emailing people asking if they
wish to receive this newsletter, you require a positive opt-in. I.E they must
reply saying yes.
Actually I am not sure that you have the right to contact anyone unless you
collected their details in a context whereby they knew that you would be using
this data for Marketing.
This is not mainly Data Protection, this is The Electronic Marketing
Regulations. I'm sure that you would wish to comply with the Advertising
Standards Authority's Code of Conduct.
_______________________________
Clementine Amawo
Information Management Officer (IT)
Circle 33 Housing Group
1 - 7 Corsica Street
London, N5 1JG
DL: 020 7288 4131
Email: [log in to unmask]
Web: www.circle33.org
>>> Tim Trent <[log in to unmask]> 04/11/2004 09:48:53 >>>
We'd love to hear what you said to them. It would be valuable to less
experienced members of this list. And to us so called experts, too ;)
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Clementine Amawo
Sent: Thursday, November 04, 2004 9:41 AM
To: [log in to unmask]
Subject: Re: [data-protection] PR & Electronic (via email) Newsletters
Thank you to all those that responded. Great advice. From the emails
received I have formulated an answer and sent to PR yesterday. Have heard
nothing from them; yet!!
Thanks again
_______________________________
Clementine Amawo
Information Management Officer (IT)
Circle 33 Housing Group
1 - 7 Corsica Street
London, N5 1JG
DL: 020 7288 4131
Email: [log in to unmask]
Web: www.circle33.org
>>> Jim Whitaker <[log in to unmask]> 02/11/2004 17:26:00 >>>
This has little legal effect in the UK but was given effect in The
Electronic Commerce (EC Directive) Regulations 2002 - Statutory Instrument
2002 No. 2013. (At
http://www.legislation.hmso.gov.uk/si/si2002/20022013.htm)
Regards
Jim
----------------------------------------------
>>This is definitely a "Commercial Electronic Communication" as defined
>>in
2002/58/EC, and is unsolicited.
**********************************************************************
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.
This footnote also confirms that this email message has been swept by
MIMEsweeper for the presence of computer viruses.
www.mimesweeper.com
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
***************************************************************
This message is confidential. You should not copy it or disclose its
contents to anyone. You may use and apply the information only for the
intended purpose.
Internet communications are not secure and therefore Circle 33 Housing group
and its group partners do not accept legal responsibility for the contents
of this message.
Any views or opinions presented are only those of the author and not those
of Circle 33 Housing Group and its group partners. If this email has come to
you in error please delete it and any attachments. Please note that Circle
33 Housing Group may intercept incoming and outgoing e-mail communications.
***************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
