Get ready for the spam scam crackdown

Companies that target prospective customers and clients electronically will be targeted under new laws soon to be implemented, warn legal experts.

However, it is not only the much-reviled ''spammers'' who target in-boxes with junk email that will be affected warns Manchester law firm George Davies Solicitors.

Shelbey Whitehouse explains:

From 31st October 2003, companies using any form of electronic communication to send out promotional literature such as newsletters, will have to obtain the consent of the person or company receiving it. This ''opt in'' consent will become a requirement for all kinds of UK businesses. Any electronic communication that has not been consented to will effectively be unlawful.

Companies and individuals that are existing customers must be given the opportunity to ''opt out'' of receiving subsequent direct marketing every time they receive it. Potential customers and clients to services will have to give their express permission to receive any promotional emails.

Email marketing is the fastest growing component of the marketing mix and it is crucial that companies and their marketing departments stay on the right side of the law. There are also clear implications for companies who sell on details of companies to third parties for marketing purposes, and directors should obtain advice in advance of the implementation of the European Directive in the UK, she adds.


Shelbey Whitehouse
George Davies Solicitors - 0161 236 8992