Email and the Law

Email Compliance: DUAA 2025

Email marketing doesn't exist in a vacuum. It operates within a strict and ever-evolving legal framework. The latest edition to the email compliance framework is The Data Use and Access Act 2025 (DUAA), which received Royal Assent on 19 June 2025. While the DUAA does not replace the UK GDPR, the Data Protection Act 2018 (DPA) and … READ MORE »

Should you anonymise email data?

We recently covered what personal data is, albeit in the form of a brief overview, and there is a lot more to it than can be covered in 500 or so words. Come to that, 1000 words. It’s involved. It’s complex. It can get you into severe trouble with the ICO. It can cost you … READ MORE »

Why Your Emails End Up in Spam?

You did everything right. You followed the spam laws. You got consent. You even triple-checked your footer. So why are your emails still vanishing into the black hole of the spam folder? Here's the uncomfortable truth: compliance doesn't equal deliverability. Just because you're playing by the rules doesn't mean the inbox gatekeepers are letting you in. … READ MORE »

Is Your Email List Personal Data Under UK GDPR?

Spoiler: it probably is. And that matters – a lot. Because if your email marketing list contains personal data, then UK GDPR rules apply. That means obligations, responsibilities, and a serious risk of fines or claims if you mess it up. If that gave you a mild adrenaline spike – good. You're paying attention. What Is Personal Data, Really? The … READ MORE »

The ICO’s Guide for Email Marketers

As financial pressures weigh heavily on SMEs, especially those relying on email marketing, some important reminders may have slipped under the radar. One of them? Data Protection Day – marked every year on 28 January. The ICO (Information Commissioner’s Office) certainly didn’t miss it. This year, the ICO used the opportunity to urge the UK’s 5.5 … READ MORE »

Even Big Names Can Botch GDPR – Spectacularly

You'd think a department holding data on 28 million children would treat it like gold dust. Instead, the Department of Education (DfE) handed access to a company that then used it for online gambling. Yes, really. According to the ICO, between 2018 and 2020, one company with no legitimate reason to access the Learning Records Service (LRS) database … READ MORE »

Avoid Greenwashing: ASA’s Guidelines

No one wants to read about funerals, so I’ll avoid the word as much as possible. The problem is that you may have missed a useful decision by the ASA for the same reason, yet it has implications for email marketing. Not to worry; I’ll précis it for you. The ASA, as it does, has … READ MORE »

Restrictions On Use Of Data On Subscribers

It is all too easy to assume that the big firms in email marketing and data collecting would have, if not legions, then at least sufficient sources of legal advice. You might think it would be perfectly fine to copy their methods without going to the bother of checking the law yourself. I am reliably … READ MORE »

Spam Emails Can Be Convincing

I subscribe to a lot of email marketing lists, which means I receive a higher than average amount of spam. I am rather cautious and if I doubt the authenticity, I open the emails on an old laptop running Linux, which I regularly reinstall. You never know. Most of the spam and phishing emails are … READ MORE »

Key Takeaways From The ASA Annual Report

The recently published ASA Annual Report 2021 makes interesting reading for anyone engaged in marketing, and particularly so for email marketing as it shows the ASA’s intent with regard to legislation, and its enforcement. It gives a number of pages to its staff, although many, if not most, readers will ignore them, and page through … READ MORE »

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