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Marketing Law

Can I email other business?

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The Privacy and Electronic Communications Regulations apply to unsolicited electronic marketing messages sent by telephone, fax, email or text. If you want to make automated telephone calls or send a fax to an individual you must have the subscriber's consent, and include your identity in the call. If they wish, subscribers can opt out of direct marketing phone calls. People on the Telephone Preference Service (TPS) register should not receive these type of calls unless they give their permission. Businesses may also register with TPS to prevent unsolicited marketing calls. Individual and corporate subscribers can register their objection to receiving unsolicited direct marketing faxes by registering their number with the Fax Preference Service.
Unsolicited marketing material by electronic mail (this includes texts, picture messages and emails) should only be sent if the person has chosen to receive them, unless the email address was obtained as a result of a commercial relationship. The individual should always be given the opportunity to stop receiving the emails. The ICO is working with its European counterparts and the US to try to reduce spam, but these regulations only apply to spam sent from within the EU. There is currently no legislation to cover spam sent to business addresses.Electronic mail [blockquote]Electronic mail is emails, SMS (text), picture, video and answer-phone messages. Electronic mail marketing messages should not be sent to individuals without their permission unless all these following criteria are met:
1. The marketer has obtained your details through a sale or negotiations for a sale.
2. The messages are about similar products or services offered by the sender.
3. You were given an opportunity to refuse the marketing when your details were collected and, if you did not refuse, you were given a simple way to opt out in every future communication.
The regulations do not cover electronic mail marketing messages sent to businesses.
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