With a growing number of concerns surrounding email privacy laws and data management process, most countries now have laws outlining the extent to which companies can collect and use data for marketing purposes. Businesses need to ensure they fall into the slippery slope and hurt their brand reputation due to lack of insight into each countries respective privacy and electronic communications laws.
In this post, we’ll focus on basic laws that shape list marketing campaigns in the European Union.
EU Opt-In Directive & Permission
Under the European Commission Opt-In Directive, each of the 28 EU nations has its own interpretation of email law to minimize spam. Most countries have the same stance on opt-in consent – all electronic communication (in the form of SMS, email, voice, fax, and other forms) should only be permission based. A double opt-in is required if the recipients are located in a country with strict opt-in laws, for example, Germany. It’s okay to use a clean opt-in email list from an email marketing company.
Furthermore, the guidelines state that prior express consent on European email addresses is required in order to carry out B2B email communication. An email marketing company can send email blasts to addresses obtained through a business relationship, provided the email contains a functional opt-out process.
Unsubscribing & Opt-Out
Every message must include visible opt-out instructions.
Doing list marketing without including a valid address in the marketing message is prohibited. If a business obtains an email address through the sale of a service or a product, they can use it for direct mail marketing of their own products or services; provided the recipients can opt-out in an easy manner without having to pay a free or provide another email address.
Concealing or hiding the identity of the sender on whose behalf the communication is made is prohibited. The information disclosure requirement applies to list marketing – direct as well as email marketing.
Companies are required to include company details on every electronic business communication sent. This includes the full name of the company and its legal form, registration number, VAT number, place of registration of the company, and the address of the registered office.
A valid return address must be provided, where the sender can be reached by the recipient.
Businesses that comply with EU’s privacy and electronic communications risks a range of penalties, all of which depend on the degree of severity.
If you are involved in selling to the senior audience, read FrescoData’s guide to how to use a Business Email List and get desired results on your marketing activities.