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  • Collecting email addresses and Data Protection – is it against the law to…
  • the-muffin-man
    Full Member

    …trawl through the Yellow Pages/Local Newspapers etc and collect business emails to put on an email database?

    I know we'd have to remove addresses if requested to do so.

    We're wanting to start some email marketing and don't want to get into trouble from day one!

    Ta.

    mrmichaelwright
    Free Member

    Electronic mail marketing

    The most important thing to remember is that you can only carry out unsolicited electronic marketing if the person you're targeting has given you their permission.

    However, there is an exception to this rule. Known as the 'soft opt-in' it applies if the following conditions are met;

    * where you've obtained a person's details in the course of a sale or negotiations for a sale of a product or service;
    * where the messages are only marketing similiar products or services; and
    * where the person is given a simple opportunity to refuse marketing when their details are collected, and if they don't opt out at this point, are given a simple way to do so in future messages

    When you send an electronic marketing message, you must tell the recipient who you are and provide a valid contact address.

    The rules on emails don't apply to emails sent to organisations, though you must still identify yourself and provide an address.

    The Telephone Preference Service (TPS) and Fax Preference Service (FPS) are operated by the Direct Marketing Association, and allow people to register their numbers to opt out of receiving unsolicted calls or faxes. You must not market individuals or organisations who have registered their numbers with the TPS or FPS.

    In summary, we recommend that your marketing campaigns are always permission-based and you explain clearly what a person's details will be used for. Provide a simple way for them to opt out of marketing messages and have a system in place for dealing with complaints.

    You'll find a brief overview of the electronic regulations at Privacy and Electronic Communications – your legal obligations but before you start any marketing campaign, we advise you to read our detailed guidance notes.

    from here

    simonfbarnes
    Free Member

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    the-muffin-man
    Full Member

    The rules on emails don't apply to emails sent to organisations, though you must still identify yourself and provide an address.

    So if I'm reading this correctly – as long as we only send to companies and offer an opt-out and display our contact details, we'd be OK?

    GrahamS
    Full Member

    you can only carry out unsolicited electronic marketing if the person you're targeting has given you their permission

    Eh?

    So you can only send unsolicited messages if the person has actively solicited for messages?

    wwaswas
    Full Member

    yes, GrahamS – you have to opt in now, not out.

    hels
    Free Member

    A company email address is not Personal Data under any definition with which I am familiar, if it is "info@companyA" etc so DPA unlikely to apply, not sure if is is "personname@companyA" would have to look that up.

    (DPA is more about how you use personal data, the big prohibitions are on repurposing, keeping secret databases/blacklists etc)

    And if they have put it in a newspaper advert or directory that sounds like public domain to me.

    Most organisations have decent spam filters these days, so might be a wasted effort anyway.

    skidartist
    Free Member

    I would echo that – the advertised addresses will likely be non-person specific, so there shouldn't be a problem gathering and using them, but by the same measure it might be a fairly ineffective address to use, whoever is receiving mail to that address would be tasked with dealing with their own customer's enquiries, not approaches from other companies.

    spacemonkey
    Full Member

    Probably best to use a warm/honest opening and definitely include a "If you would prefer not to receive future emails, please reply with UNSUBSCRIBE in the subject"

    I have no problem receiving unsolicited emails because the spam filter picks most of them up. Of those that get through I might follow up with 1 in 10, the others get junked or told to back off.

    hels
    Free Member

    Yes, thank the lord (or whomever) for Spam Filters !

    Although a recent worrying trend is IT "solutions" reps doorstepping me. Turning up at my work "Oh my secretary made an appointment to see you silly old dear, well as I am here and got the train all the way from Timbuktu do you have 5 mins to spare". Sadly it is a legal requirement for my contact details to be on works website.

    Only fell for that one once – anyway my point is you have to make a lot more effort these days, I ignore on principal unsolicited emails, calls, doorsteppers etc it straight away makes me not want to deal with that company.

    I don't know what business you are in but you might be better spending your time trawling some of the contract databases for local government etc, all contracts over a certain amount have to be entered here, and you will know you will get a welcome reception.

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