So you want to spam the UK?

No problem. Just remember to budget for legal fees, a £5000 fine, & extradition (if you're overseas).

For those that don't know, the new UK anti-spam law comes into effect on 11th December. And about time too!

What's this, I hear you say? An "email marketer" that *welcomes* the anti-spam law?

Absolutely!

Maybe it's because I'll get less spam. (unlikely)
Maybe it's because spammers will end up in court. (hopefully)
Maybe it's because I won't get requests for email list rentals. (I don't)
Maybe it's because I'll have a legal redress for unsolicited email. (in the UK at least)
Maybe it's because ISP's will stop using filters that mark legitimate email as spam.
(I doubt it)
Maybe it's all of these. Maybe it's none.

Either way, spam is killing email. Anything that helps to address this can only be a good thing.

How to stay out of trouble:

1. Don't spam. Ever.
2. Don't buy or rent email lists.
3. Don't use a misleading subject line.
4. Don't use a fake "From" address.
5. Don't falsify your email headers.
6. Don't think email marketing is easy.
7. Do obtain explicit permission to email recipients.
9. Do keep the original subscribe request.
8. Do offer a working unsubscribe option.
10. Go to #1.

My advice: reconfirm your list(s) prior to December 11th. And if you do B2C mailings, make this an absolute.

Dr Russell Potter
Email Marketing Solutions UK
http://www.emailtools.co.uk

Hi Stephan,

> I'm certainly not advocating rental lists as an efficient
> acquisition or awareness tool, but does that make it fall
> under spam?

It all comes down to permission. If you send any kind of unsolicited bulk email without the recipients permission, then it's spam (no matter how relevant it may be to the recipient).

There are many list providers out there, but there is no way on earth that people knowingly let others sell or rent their details. In addition, if you rent a list, recipients will see YOU as the spammer, not the rental agency.

> Or is it the case that the new directive is considering all
> lists as spam?

The directive considers all unsolicited email as spam. However, different rules apply for B2B & B2C. If it's to a corporate address, then it's permitted. If it's to a personal address it's not permitted. (ie. spamming businesses is not illegal).

However, just because it's not illegal does not mean that it's acceptable. Best practice dictates getting permission. Always.

For a downloadable guide to email marketing & the law (& other useful guides) check out my Email Marketing Resource Centre:
http://www.emailtools.co.uk/resources.htm

Russell

Hi,

Is it illegal to send a mail shot via email? There is a lot of information on this website about direct marketing via email, which surely if it is illegal to do so, shouldn't be advertised. I am completely ignorant when it comes to these matters and would appreciate your input before I do something that is either a) not allowed or b) pointless.

Thank you

Debs

On 10:48:35 5 November 2003 Russell wrote:
>So you want to spam the UK?
>
>No problem. Just remember to budget for legal fees, a
>£5000 fine, & extradition (if you're overseas).
>
>For those that don't know, the new UK anti-spam law comes
>into effect on 11th December. And about time too!
>
>What's this, I hear you say? An "email marketer"
>that *welcomes* the anti-spam law?
>
>Absolutely!
>
>Maybe it's because I'll get less spam. (unlikely)
>Maybe it's because spammers will end up in court.
>(hopefully)
>Maybe it's because I won't get requests for email list
>rentals. (I don't)
>Maybe it's because I'll have a legal redress for
>unsolicited email. (in the UK at least)
>Maybe it's because ISP's will stop using filters that mark
>legitimate email as spam.
>(I doubt it)
>Maybe it's all of these. Maybe it's none.
>
>Either way, spam is killing email. Anything that helps to
>address this can only be a good thing.
>
>
>How to stay out of trouble:
>
>1. Don't spam. Ever.
>2. Don't buy or rent email lists.
>3. Don't use a misleading subject line.
>4. Don't use a fake "From" address.
>5. Don't falsify your email headers.
>6. Don't think email marketing is easy.
>7. Do obtain explicit permission to email recipients.
>9. Do keep the original subscribe request.
>8. Do offer a working unsubscribe option.
>10. Go to #1.
>
>My advice: reconfirm your list(s) prior to December 11th.
>And if you do B2C mailings, make this an absolute.
>
>Dr Russell Potter
>Email Marketing Solutions UK
>http://www.emailtools.co.uk

I think rules are different if a business is that of a sole trader - in this case even if the email address is a business one sending an email is not allowed.

This is a good resource this: http://www.informationcommissioner.gov.uk/eventual.aspx?id=35

On 12:03:17 12 May 2004 Russell wrote:
>>Is it illegal to send a mail shot via email?
>
>Here's a quick overview for the UK...
>
>Sending to consumers:
>-no previous relationship: not allowed
>-previous relationship: opt-out
>
>Sending to businesses:
>- personal address, no relationship: not allowed
>- personal address, previous relationship: opt-out
>- corporate address: opt-out

>Disclaimer: I'm not a lawyer. This should not be regarded
>as legal advice, etc, etc.