Email marketing is the cornerstone of most multi-channel retailers’ digital strategies. But what type of consent do you need from your customers before you can send them a too-good-to-be-missed offer?
In respect of emails from retailers to individual customers, both the Data Protection Act 1998 and Privacy and Electronic Communications Regulations 2011 apply. This stipulates that when a retailer wishes to send promotional emails to individuals, the “soft opt-in” takes effect. This means that as long as the retailer complies with the following checklist, the individual may be deemed to have consented:
- The retailer must have obtained the details of the customer in the course of sale or negotiation of a sale of goods or services
- The retailer must send promotional emails to the customer relating only to similar goods and services
- At the time that the retailer collected personal data, the retailer must have given the customer the ability to opt-out
- The retailer must include the ability for the customer to opt-out at the bottom of all promotional emails.
Last but by no means least, retailers must make clear to customers how their personal data will be used. Hence a “terms of use” page is standard practice on most largescale retailers websites.
For more information on how to run an effective email marketing campaign feel free to drop us a line. We’ve been sending out promotional messages on behalf of our clients for well over a decade now so have all the bases covered.
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