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Rules of Electronic E-mail Marketing

What are the e-mail marketing rules?

Regulation 22 lays down the rules on electronic items mail marketing. In short, electronic mail marketing should not be sent to people unless:

Specifically, they have agreed to you electronic mail;

They’re an existing client who has previously purchased (or agreed to purchase) a similar product or service and offered them a clear option to opt-out both when you collected their information and each message that you sent.

Your identity must not be masked or concealed, and a valid email address must be given to opt for or cancel.

See our Direct Marketing Guidelines for more details.

Your identity must not be masked or concealed, and a valid email address must be given to opt for or cancel.

See Direct Marketing Guidelines for more details.

What about mobile communications and other forms of text?

E-mail, text, picture postings, video messages, voicemails, direct messages through social media, or any similar message stored electronically shall be governed by the same rule.

Intentionally, the word ‘electronic mail’ has a broad meaning, including new types of communications. The definition is:

“Any text, voice, sound, or picture message that can be saved through a network or in the terminal equipment of the recipient until it is collected by a recipient that contains messages transmitted by means of short message service.”

What does an ‘easy opt-in’ mean?

Often the word ‘simple opt-in’ defines the rule for current clients. The premise is that you are generally happy to receive ads of similar goods or services from someone who recently bought something from you, sent you information, and did not want marketing messages even though you do not specifically agree. You must have, however, give them a reasonable opportunity to opt-out – both when you collect the information and when you send every post.

Is there a TPS edition of a document or e-mail?

The soft opt-in rule allows you to email or texts your own clients, but this is not available to prospective clients or new contacts (eg from buy-in lists). It does not also apply to non-commercial promotions (e.g. fundraising by charities or political campaigns).

No, not that. No email or text preferences equivalent is available. That is because, whether you have their clear permission or have already given an opt-out, you through only emails or texts to people so that this sort of central opt-out registry will not be required.

Where can we email people or text people?

If you have expressly agreed to accept emails or texts from you – for example by ticking an opt-in box – you can email or text a person. See What is the approval?

You can also send an email or text to an existing customer, who has previously purchased (or discussed purchase) the same electronic product or service from you – but it is only when you give them a clear opportunity to opt-out when you have collected their information and every message from marketing emails or text.

Where are we able to contact or text companies?

Single traders and other alliances are viewed as persons, and they can only send emails or text to them if they expressly agree to it or when they have already purchased you a similar product like a stabilizer and when you gave them the chance, they did not opt-out of marketing messages.

You may e-mail or email any corporation (a corporation, a Scottish company, or a limited liability company or public authority). However, a ‘do not email or text’ list of any businesses that object or opt-out and check new marketing lists against it is a good practice – and a good sense of business.

Does viral marketing apply to these rules?

Yes, when you send a marketing message, or when you ‘induce’ others to send it, you must do so.

Some electronic organizations try to complement the rules by asking people to send their friends a marketing message. However, you “encourage” them to send this message so that they still have to comply with PECR. (This does not mean that you have to allow them to send the message each time a customer sends it without your knowledge.

Viral commercialization also means asking people to send contact information to their friends. You also need to ensure that all marketing messages you give to your friends are PECR-compliant.

Written by: Nimra Siddiqui

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