I must admit, data privacy and compliance are not the most exciting of topics (although some may disagree!).
However, they are important topics to get to grips with if you are sending out email marketing campaigns using an email list you have created for your business.
Personal Data Rules
In line with gov.uk rules, anyone responsible for using personal data (including personal email addresses) in the UK must make sure the information is:
- Used fairly, lawfully and transparently
- Used for specified, explicit purposes
- Used in a way that is adequate, relevant and limited to only what is necessary
- Accurate and, where necessary, kept up to date
- Kept for no longer than is necessary
- Handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage
Creating a compliant email marketing list is quite a complex topic (it may be wise for you to contact a legal professional for specific or more detailed advice), although it is an important area of marketing where data privacy is applied.
How to Create an Email Marketing List
Data for email campaigns in the UK is governed by two laws: GDPR (how you store a person’s data) and PECR (how you contact them electronically).
Here are a few of my top tips on how to create an email list that is compliant, based on my experience of advising clients with their email campaigns over the last 20 years:
- I always urge my clients to err on the safe side to protect their reputation, and avoid any costly pitfalls. So I recommend that individuals have consented to receiving electronic mail. That way, the list is more targeted and the engagement rates will be better, with less chance of receiving a complaint.
- It is possible to email an existing customer who has bought (or negotiated to buy) a similar product or service from you in the past, but only if they were given a clear chance to opt out of getting marketing emails when collecting their details, and in every message.
- Keep a ‘do not email’ list of any companies that have unsubscribed or do not want to receive marketing emails, so that they are not contacted again.
- Add an ‘opt-in’ box (or boxes) on your website’s contact form using wording such as ‘Can we send you [monthly] emails about [subject]? (You can stop the emails at any time – details of how to do it will be in every email)’. It’s a simple way to grow your list through existing enquiries and to give prospects a choice of the type of emails they want to receive.
- If collecting email addresses offline at a trade show or event (if badge readers aren’t included), it is best to gain proof of permission from an opt-in tick box on a printed form. Another option could be to ask the person to opt-in using a tablet, linked to your online email system.
- Add ‘tags’ or categorise your subscribers so that you know the source of how you gained their contact details.
Resources for Creating Emailing Lists
Here is a list of online resources to help with creating compliant emailing lists:
- B2B email marketing laws article from a Fellow of the Charted Institute of Marketing: https://www.marketinggraham.com/uk-b2b-email-marketing-laws/
- ICO’s Business-to-business marketing: https://ico.org.uk/for-organisations/direct-marketing-and-privacy-and-electronic-communications/business-to-business-marketing/
- Gov.uk’s data protection: https://www.gov.uk/data-protection
- ICO’s legitimate interests: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/lawful-basis/legitimate-interests/what-is-the-legitimate-interests-basis/
And finally…
It would be foolish of me not to ask this question, based on the topic of this article!
✉️ Would you like to receive my monthly email ‘What matters in marketing & PR’? Please click here: MushroomMarketingNewsletter
About the author:
Emma Estridge is the Founder and Director of Mushroom Marketing & PR.
The dedicated agency helps B2B customers, charities and health organisations to increase their awareness and grow.
You can link with Emma on LinkedIn here