Do I need to bin my 'book of business'?

In our April 2018 e-Briefing, we touched upon the concept of a ‘soft opt-in’ to marketing and other emails. This term can be used to describe the rules as they relate to existing customers of your business.  

The Information Commissioner’s Office (ICO) has summarised their guidance:

In short, you must not send electronic mail marketing to individuals, unless:
they have specifically consented to electronic mail from you;
or they are an existing customer who bought (or negotiated to buy) a similar product or service from you in the past, and you gave them a simple way to opt out both when you first collected their details and in every message you have sent.
You must not disguise or conceal your identity, and you must provide a valid contact address so they can opt out or unsubscribe.

Their second criterion would envisage such a ‘soft opt-in’ subject to a proviso that your customer is always given the option to ‘opt out’.  In such a scenario, although your customer may not have provided a specific consent, it may suffice to simply give them a clear chance to opt out at any time.

It should be noted that this provision would only cover emails sent to existing customers and would not extend to prospects.

So, before you bin your ‘book of business’, you may wish to consider whether such a drastic step is entirely necessary.

For more information about this article, or any other aspect of our data privacy solutions, give us a call on 028 9032 2998.  There is no charge for initial telephone advices.