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:

  1. The retailer must have obtained the details of the customer in the course of sale or negotiation of a sale of goods or services
  2. The retailer must send promotional emails to the customer relating only to similar goods and services
  3. At the time that the retailer collected personal data, the retailer must have given the customer the ability to opt-out
  4. 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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