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Uk email mareting law -

Discussion in 'Black Hat SEO' started by donaldbuck, Mar 13, 2016.

  1. donaldbuck

    donaldbuck Newbie

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    This is driving me nuts! So here is the scoop!

    I am from a super small area in the back and beyond. Really tiny, population is less than 7,000. I have been getting all the data manually by collecting emails for

    "business service my area"

    "business directory my area"

    Is it against the law to do b2b email marketing law ? or whats the work around ?

    Please help me UK email marketers.
     
  2. islandman1010

    islandman1010 Elite Member

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  3. MikeyMikey13

    MikeyMikey13 Supreme Member

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    In the UK there is no law against harvesting and using their emails. This would hinge trade which is against the TFEU.

    However it illegal to spam so be careful bud
     
  4. islandman1010

    islandman1010 Elite Member

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    Bad advice. The law is clearly stated above. You should check your answer before posting
     
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  5. donaldbuck

    donaldbuck Newbie

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    This is exactly why it's confusing. Some are saying yes it's legal. Some are saying no..

    I really can't be arsed to go to any other area or email market any other area that not within 30 minutes off my house. I don't drive. So it's important I know the email marketing law.. really can't be arsed with prison or any fines either.
     
  6. donaldbuck

    donaldbuck Newbie

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    Hi Mikey,

    Can you let me know more information, because this is exactly the reason why i am so confused on this issue. So it is legal ? have you any blogs or any one of authority I can read about this.
     
  7. islandman1010

    islandman1010 Elite Member

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    Is this clear enough for you. It illegal to just get their email and use it unless you told them you will use it. This is from the Government. I thought you might have bothered to click the link I gave you.

    Email marketing and text messages

    You're only allowed to send marketing emails to individual customers if they've given you permission.

    Emails or text messages must clearly indicate:

    who you are
    that you're selling something
    what the promotions are, and any conditions

    Check that you aren't sending emails to anyone who's asked not to receive them, using the Email Preference Service.

    Customers can complain if you misuse their information, and you could be ordered to pay a fine or compensation.
     
  8. MisterF

    MisterF Jr. VIP Jr. VIP

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  9. donaldbuck

    donaldbuck Newbie

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    what about to corps?
     
  10. islandman1010

    islandman1010 Elite Member

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    Exactly the same
     
  11. youmakeme

    youmakeme Power Member

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    Only opt in database is allowed under UK EC directive. Check below:
    The workaround to this is to use a third party sending service that is based outside of Europe. Do not use your own account to pay for the third party sending service so that there is no legal relationship established. Make sure you do not offer affiliate program so there is no way that legal bodies can establish a relationship or possibility that can allow third party to spam your Company offers. If you require third party service provider, you can PM me. Else you can use popular ones such as mailchimp, or setting up your own mailing server (there is a lot of BST here for this but they are not meant for non opt in database)

    "The Privacy and Electronic Communications (EC Directive) Regulations 2003 is a law in the United Kingdom which made it unlawful to, amongst other things, transmit an automated recorded message for direct marketing purposes via a telephone, without prior consent of the subscriber.


    This is somewhat similar to the US National Do Not Call Registry. However, it includes all electronic communications such as email or SMS mobile phone messages.


    One of the key points of this legislation is that it is unlawful to send someone direct marketing who has not specifically granted permission (via an opt-in agreement) unless there is a previous relationship between the parties. Organisations cannot merely add people's details to their marketing database and offer an opt out after they have started sending direct marketing. For this reason the regulations offer more consumer protection from direct marketing.


    The regulations can be enforced against an offending company or individual anywhere in the European Union. The Information Commissioner's Office has responsibility for the enforcement of unsolicited e-mails and considers complaints about breaches. A breach of an enforcement notice is a criminal offence subject to a fine of up to £500,000 depending on the circumstances."
     
  12. mackay22

    mackay22 Regular Member

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  13. mackay22

    mackay22 Regular Member

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    "Emails sent to corporate subscribers which do not contain any personal information (e.g. [email protected]) are not specifically regulated under English law"
     
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  14. youmakeme

    youmakeme Power Member

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    Mackay22 is correct regarding this. However, the effect of sending marketing material to a role based email might not yield good result from a marketing point of view. Thanks for pointing this out Mackay22.

     
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  15. mackay22

    mackay22 Regular Member

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    So,

    Sole traders and partnerships not incorporated can NOT be emailed like this, however individual employees of a limited company CAN be emailed like this (using the corporate email address of course), however, you must have all the required FOOTER information in your emails to be compliant.

    etc
     
  16. mackay22

    mackay22 Regular Member

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    being on the safe side though I wouldnt be emailing personal name emails even if they have corporate domains. Thats just personal though.
     
  17. mackay22

    mackay22 Regular Member

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    would you like some tissue with that?
     
  18. islandman1010

    islandman1010 Elite Member

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    Most of the law mentions the words "corporate subscribers" Going around and collecting them from signs, newspapers and generally scraping them from anywhere I doubt would stand up as "corporate subscribers". One of the problems in the UK is not always knowing who is a sole trader and who isn't without digging deeper. I have a company name but I fall in to the category of "trading as" so any marketing email sent to my business would be illegal without an opt-in even if it was sent to [email protected].
     
  19. mackay22

    mackay22 Regular Member

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    i do not think it would need to "stand up" in court as it where, as the term "corporate subscriber" is merely a reference to a corporate entity, and not any reference to the state of acquisition of said email address.

    Also, how one would scrape and harvest legitimate corporate emails is a whole other issue, I imagine if not done correctly it would be difficult to separate those emails that come from a registered limited company and those that just come from sole traders/etc, if you did not have a way to mine the companies house website of course ;)

    https://www.gov.uk/government/organisations/companies-house
     
  20. mackay22

    mackay22 Regular Member

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    bless you. Would you like some tissue too?