1. Disclaimer: The materials available at this presentation are for informational purposes only and not for the purpose of
providing legal advice.
UK Email Marketing:
Legal and ISP Landscape
Riaz
Kanani,
Founder
@riazkanani
riaz@connectedpaths.co.uk

3. Public Perception
I am going to read out a list of issues that could be considered of social
importance. Please tell me how concerned you are about each of the following
issues.
2007 2008 change since 2004
Preventing crime 94% 94% +11%
Protecting personal details 92% 94% +34%
The National Health Service 91% 88% +13%
Equal rights for everyone 89% 88% +28%
National security 89% 87% +23%
Education 88% 87% -1%
Environmental issues 86% 87% +32%
Freedom of speech 86% 85% +27%
Unemployment 80% 83% +66%
Source: Information Commissioner s Office

6. Relevant Acts
• The
Privacy
and
Electronic
Communica?ons
(EC
Direc?ve)
Regula?ons
2003
• The
Data
Protec?on
Act
1998
• Don t
forget..
individual
ISP
requirements

7. When can you send?
• If
I
consent
to
receive
it,
or
• If
you
collect
my
contact
details
and:
– it
was
in
the
course
of
a
sale
or
nego?a?ons
for
a
sale
– The
marke?ng
is
for
your
own
similar
products
or
services
– You
give
me
the
opportunity
to
opt
out
now
and
in
the
future
Source: Information Commissioner s Office

8. Required Information
Companies
must
display
in
the
email
footer:
company
registra?on
number
place
of
registra?on
registered
office
address
text
must
be
legible
PO
box
not
sufficient
Source: http://www.out-law.com/page-7594

9. Best Practice guidelines
• Provide
a
statement
of
use
when
you
collect
details.
Put
this
in
an
obvious
place
or
make
sure
it
has
to
be
read
before
individuals
submit
their
details.
• Make
sure
you
clearly
explain
what
individuals
details
will
be
used
for.
• Do
not
have
consent
boxes
already
?cked.
• Provide
a
simple
and
quick
method
for
customers
to
opt
out
of
marke?ng
messages
at
no
cost
other
than
that
of
sending
the
message.
• Promptly
comply
with
opt-­‐out
requests
from
everyone,
not
just
those
from
individuals.
• Have
a
system
in
place
to
deal
with
complaints
about
unwanted
marke?ng.
• When
you
receive
an
opt-­‐out
request,
suppress
the
individual
or
company
details
rather
than
dele?ng
them.
This
way
you
will
have
a
record
of
who
not
to
contact.
Source: Information Commissioner s Officer

10. • Use
DKIM
authen?ca?on
• Separate
transac?onal
and
marke?ng
messages
by
IP
address
• Use
a
consistent
from
address
• Do
not
link
to
IP
addresses
• Don t
include
web
forms,
Javascript
or
embedded
objects
• Be
CAN-­‐SPAM
compliant
wherever
you
are
in
the
world
• Privacy
Policy
on
website

11. • Use
DKIM
authen?ca?on
• Separate
marke?ng
and
transac?onal
messages
• Provide
a
clear
unsubscribe
link
• Be
CAN-­‐SPAM
compliant
wherever
you
are
in
the
world
• Opt-­‐in
informa?on,
including
how
an
email
address
was
obtained,
the
date/?me
of
opt-­‐in,
and
the
IP
address
the
user
opted
in
from
must
be
made
available
on
request.

12. • Use
SenderID
framework
and
SPF
authen?ca?on
• New
IPs
need
to
build
a
reputa?on
over
a
few
weeks
• Avoid
using
IP
addresses
for
links
• Clear
unsubscribe

13. Reference links
Informa?on
Commissioner s
Office
guidelines:
h`p://www.ico.gov.uk/what_we_cover.aspx
DMA
Best
Prac?ce
Resources
h`p://www.dma.org.uk/informa?on/inf-­‐prac?ce.asp
Email
Marke?ng
Reports
h`p://www.email-­‐marke?ng-­‐reports.com/canspam/uk/

14. THANK
YOU..
QUESTIONS?
Riaz
Kanani,
Founder
@riazkanani
riaz@connectedpaths.co.uk