Email and the Law

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 »

Data Protection Regulation Vote

I was wrong. I thought that the vote on the amendment to the proposed Data Protection Regulations put forward by the European Parliament's Civil Liberties Justice and Home Affairs Committee (LIBE), fronted by MEP J. Albrecht, would be close. However, the MEPs voted 621 to 10 in favour. The amendment has been heavily criticised, not … READ MORE »

Always Look On The Bright Side

You can normally find something positive to say when there are legislative changes for email marketing. However, you know you are struggling a bit when the best you can come up with is that it is not as bad as we feared. Earlier this month the European Parliament voted overwhelmingly in favour of the less … READ MORE »

Consenting Adults

The Information Commissioner’s Office (ICO) recent Guidance told us that the next big hurdle for bulk email marketing will be consent. It warned us to take care with regards to time limits of consent, but were irritatingly unspecific. The ICO has highlighted four particular areas where time limits on consent will be of concern: 1. … READ MORE »

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