08000 82 70 10

You need to consider the legal and best practice aspects of your marketing approaches.

If you are gathering, storing or using information about customers, potential customers or suppliers, you must comply with the Data Protection Act 1998 by:

• having permission to hold third-party information
• storing information securely
• checking whether you need to register with the Information Commissioner.

Earlier articles in this series explored ways that you could take advantage of opportunities to get your customers or potential customers to opt in to permission marketing every time you interact them. But what about emailing or telephoning where you have had no previous contact?

The Privacy and Electronic Communications (EC Directive) Regulations 2003 require you to get individuals – including sole traders and unincorporated partnerships – to opt in before sending them marketing emails, unless they’ve already shown interest in similar products or services. However, you can send unsolicited marketing emails to companies or individuals within companies. Nevertheless, when considering this approach you need to be careful to avoid damaging your reputation. The Committee of Advertising Practice (CAP) produces the British Code of Advertising, Sales Promotion and Direct Marketing, known as the CAP Code. Compliance with the code helps your marketing stay within the law.

Some individuals and businesses may prefer not to be contacted by your business unless they have given their permission for you to do so. If you are selling or marketing using post, phone, fax or email, you should check if anyone you intend to contact does not want to be approached in this way without permission. You may be aware of the Telephone Preference Service (TPS), but did you know about the Corporate TPS and Fax Preference Service (FPS)? So, if you are involved in direct marketing by phone or fax you need to make regular checks with the TPS, CTPS and FPS to comply with the law.