Displaying items by tag: regulations

May 26th saw the implementation of The Consumer Protection for Unfair Trading Regulation 2008 which made the act of spamming an offence that could result in a two year jail sentence.

However, these CPR regulations also cover far more than just the act of spamming. They have acted to replace previously existing laws and brought in innovative concepts that define dishonest actions, the omission od key details and various other practices which are considered aggressive.

Up to 31 different trade practices have been re-defined and there are additional new rule which limit the employment of the word ‘free’ or companies conducting persistent and unwanted communications via the media of telephone, email and fax.

However, will these new regulations act to reduce the volume of spam arriving in our inboxes? Some more negative individuals have suggested that as the majority of the spam we receive arrives from over seas there will be little if any impact at all of the jail threat.

However, it has also been highlighted that these new regulations could trap legitimate email marketers and therefore far more care and consideration needs to be taken when planning a campaign. There needs to be far more attention to detail to ensure that full permission has been received from all recipients.

It is now vital to investigate how data is sourced when seeking out external contacts, such as how the email addresses had been collected and what information they received when their details were obtained.

Further information on the content of the regulations can be found at this link http://www.oft.gov.uk/shared_oft/business_leaflets/530162/oft979.pdf

Published in Legal
Tuesday, 17 September 2013 14:10

The penalties of email marketing

A few people are somewhat careless with regards to the punishments relating to the non-compliance of data protection as currently there have only been a handful of cases to hit UK courts.

But, it is essential that you bear in mind that this will not be the same for very long. Although the UK is the only remaining country which has not experienced a vast case of Data Protection Act Non-Compliance, it predicted that this will change within the near future.

So, here is a sort list of the top 10 reasons why it is important to comply with the set regulations:

1.There is a maximum fine of £50,000 under the ‘persistent abuse of telecoms system’ provisions of Communications Act 2003.

2.You could face imprisonment of 10 years or a hefty £5,000 fine under the Computer Misuse Act.

3.You may be charged with up to a £5,000 fine under the Data Protection Act per record.

4.There is the risk of unlimited damages awards in the civil courts.

5.Other EU states charge 6 figure fines. It’s important to know that it’s the law of the country which applies to the penalty and not the law of the country from which is has been sent.

6.Complain upheld findings by the Advertising Standards Authority (ASA)

7.A violation of contract penalties and claims.

8.More saleable business.

9.Negative and damaging PR.

10. A diversion of time regulatory firefighting and legal expenses. 



Published in Legal