Email marketing remains one of the cheapest and most effective methods of mass marketing and communication with your client database. Yet each person has a right to privacy and this right has frequently been violated in the past by callous marketers that send advertising and promotional emails to consumers without permission. This form of unsolicited direct marketing has now been restricted by the new Consumer Protection Act (“the Act”) which establishes clear rules in respect of digital marketing. This does not result in email marketing being outlawed per se, but rather that this form of communication must comply with the requirements for lawful communication in order to not be seen as unsolicited.
In terms of the Act the sending of unsolicited email is unlawful and marketers must comply with the following minimum requirements if they wish to utilize email marketing for marketing and promotions:
Note should be taken of the provisions of the Act regarding the establishment of a “no contact” register where consumers can register in order to pre-emptively block the receipt of unsolicited marketing. This register is not yet active, but it will be important for marketers to keep track of this register when it does become active.
In light of the above the following good practice guidelines are useful to assist businesses in ensuring that they comply with the Act.
By applying the above good practices you can achieve good results with your direct marketing strategy and prevent negative consequences arising due to transgressions of the Act. At the end of the day the professionalism and validity of your email marketing campaigns reflects directly on the way you do business.
For advice and assistance with the formulation of a valid email marketing strategy, consult a consumer law and information technology expert.
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