You can reduce the amount of 'unaddressed’ mail you receive by registering with the Royal Mail's door-to-door opt-out service. We receive lots of those at The Alexander Group, as you might well imagine. There are circumstances in which you can treat an individual subscriber as having consented to receiving emails from you, even though they haven't specifically done so. The term ‘electronic mail’ has an intentionally broad meaning that includes new forms of messaging. Delivered by us, Atom Content Marketing, via email. The opt-in must be 'clear and distinct' so individuals can see that they are opting in and see what they are opting into when they tick a box or provide their email address. 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I don’t answer spam. It is not illegal to send unsolicited email messages about your business products or services to the employees of a Limited company or Limited Liability Partnership but you cannot send these messages to sole traders or unincorporated partnerships! You must comply with regulations on sending unsolicited 'spam' emails. If this means consent must be given to you directly, then addresses on any list compiled by a third party (such as a list broker or another company within the same group as yours) after December 2003 (when the anti-spam law came into force), cannot be an 'opted in' list for your purposes. The BEIS interpretation is that the products or services must be ‘similar’ to those the individual was buying or negotiating to buy when their email address was originally captured. The legislation covers all messages originating from Australia or targeting an Australian address. 'Implied' consent is not out of the question under the GDPR, but it can only be implied from what is obvious and necessary. A 'marketing' email is not defined by the law either but must include any email promoting your goods and services. It's good practice for organisations to check the MPS list before sending marketing but it is not a legal requirement that they do so. I'd like to talk about the unsolicited email. Here are a few ways: Never buy mailing lists. Under the GDPR, any third parties relying on that consent must be named. Unsolicited emails can still be sent to corporate subscribers if they are relevant to their work. With all the problems that unsolicited email can bring to a business, anyone looking to use bulk email strategy should be keen on steps to avoid being flagged as spam. The direct marketing is in respect of your 'similar products and services only'. If you use email marketing, you need to understand who you are – and are not – allowed to send emails to. You can also email or text an existing customer who has bought (or discussed buying) a similar product or service from you in the past – but only if you gave them a clear chance to opt out of getting marketing emails or texts when you collected their details, and in every message. Sending spam can get you in legal trouble: However, only big-time spammers are likely to fall foul of these laws. These laws are largely targeted at spammers and are designed to prevent them from acquiring people’s email addresses without their permission and spamming them with unsolicited emails. “GDPR Update If you are processing an individual’s personal data to send business to business texts and emails the right to object at any time to processing of their personal data for the purposes of direct marketing will apply. If you want off a mailing list, deleting messages won't be enough. An example of a negotiation might be a price enquiry or someone checking availability of a product or service. Include a working unsubscribe link in your emails. Telephone: 0117 407 0227 Individuals should be told of the right to withdraw consent when giving it and must be given easy ways of doing so. Not only that, but data processors also face stricter regulation. For example, if you are a hotelier, guests would reasonably expect you to offer conference, party and catering facilities as well as rooms, and these could be promoted using direct marketing emails. The anti-spam rules do not affect your obligations in relation to personal data under EU Regulation 2016/679 General Data Protection Regulation. There is also civil liability to anyone who suffers damage as a result of the breach. This is a wider definition than that under the previous Data Protection Act 1998 and includes less obvious identifiers such as IP addresses and even pseudonymised data if that data can be attributed to a person. Given the inclusion of the word 'subscriber' in the definition of an 'individual subscriber', this probably means you need the consent of the family member(s) who is a party to the contract with the telecoms provider providing the family email facility. You can 'cold email' an unsolicited, direct marketing email to a corporate subscriber, but be careful. Assisting another person or business, or having another person or entity send unsolicited commercial email to any address where the recipient has requested no more contact from you. That doesn’t mean, however, that you can’t send an email to an individual’s business email address without prior consent. Anti-spam law restricts the sending of unsolicited marketing emails (‘spam’) to individual subscribers. It doesn’t matter that the email can only be accessed by the individual employee. It's also likely that, if you have opt-in from a subscriber to receiving emails from one brand or business name, and you want to promote another brand or business name you own, you can only do so if the recipient would associate the two as being under common ownership. Not only must consent be freely given, specific, informed, and involve an indication signifying agreement (as before), but that indication must also be unambiguous and involve a clear affirmative action. The restrictions on spamming individual subscribers apply not just to consumers, but also to sole traders and partners in business partnerships in England & Wales (Scottish partnerships are different) because they are still individuals, even though they are in business and even if you email them in their business capacity. When relying on consent as a basis for processing personal data under the GDPR, it is important to keep a record of that consent including when it was obtained, how, and what the individual was told at the time. Here are some examples to show you how it’s done in various business contexts. If you are going to let third parties advertise in your emails, you should obtain the consent of any individual subscribers on your emailing list before you do so. Clear identification of the sender and its contact information in the message, and an 3. Individuals who specifically consent ('opt-in') to receiving emails. In the UK, airline Flybe was fined £70,000(about US $92,000) in March 2017 for sending 3.3 million emails to people who had … When emailing a family address (eg [email protected]), you must have reasonable grounds for believing you have the consent of a person who is speaking on behalf of the family. All direct marketing emails, whether to corporate subscribers or individuals, and whether unsolicited or solicited, must: By concession, the Information Commissioner has said the law will not apply to 'legacy lists'. Guidance from the Information Commissioner, however, envisages that a consent can be collected from an individual by a third party on your behalf. 2. This probably extends to any goods and services that the recipient would reasonably expect you to provide. 4. The third party must make it clear to the individual that it is proposing to pass his or her details to businesses offering the sort of products and services you offer. What about texts and other types of electronic message? As a result, the following protections are in place: CAN-SPAM Act. B2C comms, on the other hand, are directed at the … 'Solicited' and 'unsolicited' are not defined, but solicited emails are probably emails that recipients specifically ask you to send them. Yes, it is, in most cases, but you need to follow a few rules. Pick from a range of beautiful templates and customise to fit your needs whether you want a portfolio site, blog or online store. Is there a text or email version of the TPS? But I doubt most spam originates with actual sales departments. Disclaimer: we are not lawyers, this is not legal advice. (This does not mean you are responsible every time a customer forwards a message without your knowledge – you must have encouraged them to send it.). If Pauline objects, you must stop using her personal data for marketing. You can email or text an individual if they have specifically consented to receiving emails or texts from you – for example, by ticking an opt-in box. Because let’s face it, millions of spammy emails are being sent every day. Sole traders and some partnerships are treated as individuals so you can only email or text them if they have specifically consented, or if they bought a similar product from you in the past and didn’t opt out from marketing messages when you gave them that chance. There is a limited exception for your own previous customers, often called the ‘soft opt-in’. No business can legitimately have thousands of unsolicited leads unless they purchase lists, illegally harvest email addresses, or obtain them in some other unethical—or illegal—manner, which service providers understand. (interest in a product). It also does not apply to non-commercial promotions (eg charity fundraising or political campaigning). Option to unsubscribe in each email that shall be processed within 5 days. Click "Unsubscribe" in any email to opt out. Alternatively, email the sender to ask them to stop sending you marketing emails (remember to keep a copy of any correspondence). 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