E-mail and The Privacy and Electronic Communications Regulations 2003

E-mail can be a quick and convenient means of promoting goods and services to potential and existing customers. The Privacy and Electronic Communications Regulations 2003 (the "Regulations") due to come into force on 11 December 2003 will impose new legal restrictions on e-mail direct marketing.

The current position

• Legally, it is generally not necessary to obtain an individual's explicit consent to receiving direct marketing e-mails, provided that in each such communication the individual is given the opportunity to opt out of receiving further e-mails.
  
  
• As a matter of good practice, however, you should refer to the British Code of Advertising, Sales Promotion and Direct Marketing which mirrors many of the requirements of the Regulations.

The new rules

• "Opt-in":
  Generally, individuals will have to give their explicit prior consent to receiving direct marketing e-mail.
  
  
• "Opt-out":
  If a customer's details are obtained in the course of a sale of a product or service, you may then use those details to market your own same or similar products or services to that customer.
  
  
• You must clearly and distinctly give the customer the opportunity to opt-out easily and free of charge when the details are collected and on any subsequent marketing e-mail.

Effect of non-compliance

• The Information Commissioner will be able to investigate and issue enforcement notices to individuals or companies who breach the Regulations.
  
  
• Failure to comply with an enforcement notice is a criminal offence and is liable to an unlimited fine.
  
  
• Any individual who suffers damage as a result of a breach may also pursue a claim for compensation.
  

23 October 2003