Email and the Law

When the Sauvignon’s gone

Whilst not specific to email marketing, a recent decision by the Advertising Standards Authority (ASA) against a national grocery chain has implications for your next email marketing campaign. The company offered an ‘any three for £10’ from a range of wine, a type of promotion which competitors had abandoned as unproductive. Their estimate of demand, … READ MORE »

Email marketing security

There has been a plethora of scare stories in the media regarding hacking and internet security. Sony has been particularly hard hit, with a film and their Playstation becoming headline news. This has implications for email marketing. Many of your customers will be concerned about security and terms like cyber pirates and cyber hacking doesn’t … READ MORE »

Hacking and email marketing

The last few weeks have not been entirely successful for Sony. Firstly they were subject to a high-level hack, reported frequently as a cyber attack, and then gamers were unable to access their website over the Christmas period. This is of concern for those with email marketing lists. In their last issue of the year, … READ MORE »

Pushing boundaries: covering your nuts in honey

It is what we all should be aiming for: memorable and exciting marketing emails. If yours look like everyone else’s then there is nothing to distinguish them from the crowd. We want an edge, a little advantage over the competition. 1% would be great. One tried and tested technique is to place a new, or … READ MORE »

Taking a risk in email marketing

We recently mentioned the advice given by the Committee of Advertising Practice (CAP) on what can and cannot be claimed in non-broadcast advertisements, including the best email marketing. Our suggestion was that you should still push the boundaries. However, throwing caution to the wind has never been the sensible option. Whilst we all enjoy the … READ MORE »

2014 CAP FAQs

First a short explanatory paragraph:   There is a Copy Advice Team (CA Team) working under the Committee of Advertising Practice which writes and maintains the UK Advertising Codes as for the Advertising Standards Authority. The CA Team have produced a list of frequently asked questions for those concerned about the content of their non-broadcast adverts, … READ MORE »

Good advice from CAP?

The Copy Advice Team of the Committee of Advertising Practice (CAP) has recently published a Frequently Asked Questions article on non-broadcast adverts, including email marketing. It focuses mainly, rather predictably, on the legal aspects of copy. See: New CAP FAQs  I have a lot of time for the CAP. Their advice is normally quite clear … READ MORE »

Prove what you claim in email marketing

Regulatory bodies on both sides of the Atlantic have in recent months had to decide on whether comparative claims used in advertising were fair. Words like best, most, top and such-like make for high open rates in email marketing. The decisions have much in them that is useful when planning a campaign, not the least … READ MORE »

Guidelines for Data Controllers

The Information Commissioner’s Office (ICO) has just issued timely advice in the form of Guidelines (see below for link) with regards to the duties and responsibilities of data controllers (controllers) and data processors (processors) which is especially pertinent for those engaged in email marketing. The Guide contains a considerable amount of information on the differences … READ MORE »

Responsibilities for Data in Email Marketing

There is a certain degree of confusion as to the comparative responsibilities of data controllers (controllers) and data processors (processors). If you have data, you must have a controller. To put it simply, it is their responsibility if it all goes wrong. They have a distinct legal responsibility. Processors work under controllers. If they make … READ MORE »

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