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Get Protected

Do you know who is held responsible when a marketing email is sent to someone without gaining their permission?


Locating new contacts is a continual task for email marketers and the need for band new, current prospects to supply the marketer’s requirements is unquenchable. However, some people are not 100% sure about where a marketer stands in regards to the DPA compliance regarding the data they buy-in or rent. Exactly who is legally responsible if an email campaign is sent out to a hired list which has been accumulated either by unfair means or illegally?


The reoccurring issue of SPAM persists in bothering the privacy regulators, the marketers as well as a significant number of customers. Within the market of data there are numerous non-legitimate supplies of email data which are being offered either on a hire basis or available to purchase. However, it is these sources which feed the illegitimate email marketers with the contacts which they need.


Where does the cycle end? The UK’s Information Commissioner’s Office has released its advice and guidance regarding marketing via electronic media including a blunt and stark warning to the marketers themselves. They have stated that email marketers shall be held fully responsible as the ‘instigators’ of the campaigns should the data they use be proved to have been gathered by unfair methods.


Similarly, the Advertising Standards Authority is also indifferent when it comes to the marketers. In their eyes also, it is the client’s responsibility to ensure that the data they chose to use is legitimate. A customer must ‘opt-in’ to receiving email communications from 3rd parties. Therefore, should you be offered an email database be sure to see evidence of ‘opt-in’ procedures.

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By Lee Callender
Tuesday, 12 November 2013 12:10
Catagory: Spam
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