Everything you need to know about sending marketing emails
When sending marketing emails to promote your business, you will need to be careful not to breach the laws on direct marketing and data protection. As Google found out recently, to the tune of a €50m fine, breach of the data protection laws could result in severe financial penalties. These can reach up to €20m, or 4% of your annual global turnover.
The rules are more strict if you are marketing to individuals (which includes people, sole traders and unlimited partnerships) as opposed to registered companies. To help, Sparqa Legal has created a useful comparison.
What's the difference between sending marketing emails to an individual and a registered company?
Can I send marketing emails to existing customers?
INDIVIDUALS: Yes. You can send marketing emails to existing customers when you have obtained their contact details thorugh a sale with them, and you are marketing products or services similar to those you previously sold to them.
If you wish to market goods or services which are not similar to those previously sold, you will need to treat them as if they are not your customer.
REGISTERED COMPANY: Yes.
Can I send marketing emails to non-customers?*
*A non-customer is an individual or company which has not previously entered into a transaction with your business.
INDIVIDUALS: You will need prior consent in order to send marketing emails to non-customers.
Prior consent must be an activem fully-informed and freely-given decision by an individual to opt in to that specific type of marketing. A pre-ticked consent box is no longer acceptable under the law.
REGISTERED COMPANY: Yes.
Do I need to include an 'unsubscribe' link?
INDIVIDUALS: Yes. You need to tell individuals that they can withdraw their consent at any time. You must also provide an easy way for them to do so. This is commonly done by providing an unsubscribe button in the email, but you can also provide an opt-out phone number, address or web link.
REGISTERED COMPANY: No.
Do I need to provide any other information in my marketing emails?
INDIVIDUAL: Yes. You will need to provide information including your business contact details (including those of your data protection officer, if you have one), details on the personal data that you will collect, what you will do with the information, and what the customer's rights are. This information is usually set out in your privacy notice.
REGISTERED COMPANY: Yes. You will need to identify your business and provide contact details.
Note that if you process any personal data (eg personal corporate email address of the business' staff) then you will have to adhere to broader, more stringent rules on dealing with personal data.
Do I need to comply with any other data protection rules when sending marketing emails?
INDIVIDUALS: Yes. You will need to be able to show that the marketing is appropriate and proportionate, it has a minimal impact on the individual's privacy and there is good reason to think that the individual would not be surprised to receive or likely to object to your marketing.
There are also strict rules concerning how you store personal data and for how long.
REGISTERED COMPANY: The ICO recommends that you keep a 'do not email' list of any companies which object or opt out of this type of marketing and that you do not email them.
You will also need to take care if you email employees of companies who have personal corporate email addresses, such as john.smith@sparqalegal.com. Employees have the right to request that such marketing is not sent to them. If they do make such a request, you must not send email marketing communications to them.
If you process any personal data (eg personal corporate email addresses of the business' staff) then the rules applicable to marketing to individuals will apply. You will have to inform the customer your data policies, as well as adhere to broader, more stringent rules on dealing with personal data.
Can I use third party marketing lists?
INDIVIDUALS: No, unless the individual you are marketing to has specifically consented to be marketed by your business.
REGISTERED COMPANY: Yes.
Sparqa Legal has recently published content on direct marketing to individuals and companies, covering not just emails, but also texts, calls (including automated calls), fax, social media and post.
For more information visit www.sparqa.com.
The Content in this article is up to date as of 23/01/2019. The information provided is intended only for information purposes, and is not for the purpose of providing legal advice. Sparqa Legal’s Terms of Use apply.