Dear All
Could someone confirm if these uses of email are covered by ‘The Privacy
and Electronic Communications (EC Directive) Regulations 2003. In
particular section 22 ‘Use of electronic mail for direct marketing purposes’
We use email not to sell products or a service but to communicate what we
do and to share information. This is usually done by press releases (they
are a mixture of journos and general newspaper/magazines) or small
specialist groups (eg butterflies), which can be a mixture of individuals
and organisations
Some Direct Marketing Definitions
The Direct Marketing Association defines direct marketing as a ‘… process
by which a company communicates directly with a consumer in order to
achieve an action or sale.
Section 11(3) of the Act says ‘In this section ‘direct marketing’ means the
communication (by whatever means) of any advertising or marketing material
which is directed to particular individuals’
Carey (2000) says ‘…direct marketing includes the sending of letters to
individuals which promote a certain product or service.’
From the above definitions, these uses do not come under Section 22, and
therefore do not need to get specific opt-in consent by 11 December. If
someone wanted to opt-out at any time, we would of course respect their
wishes, which is what we do for our newsletter mailings.
Any views would be appreciated.
Many thanks
Darren
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