New guidance on the Privacy & Electronic Communications Regulations
The Regulations require organisations to get opt-in permission before carrying out marketing or promotional campaigns by e-mail. This rule even applies to much B2B marketing. It is also retrospective and applies to existing databases of e-mail contacts.
The Information Commissioner's guidance addresses the impact of the Regulations on legacy data and advises that the Commissioner will be "pragmatic" in this area. Organisations that have collected legacy data fairly (usually by offering an opt-out) and which have used the data recently can continue to market similar goods and services without needing to get new opt-in consent.
The guidance also covers:
- exceptions to the e-mail marketing opt-in rule
- rules on phone and fax marketing
- pan-European marketing campaigns
- loyalty schemes
Copies of the Commissioner's guidance are available from www.dataprotection.gov.uk at Guidance/Compliance Advice.
For more information, please contact Ruth Boardman or Hazel Grant at our London Office on +44 (0) 20 7415 6000.