How to avoid getting a fine for email marketing?
- How not to get penalized for email marketing: an introduction
- What is a promotional email?
- Preparing the database
- Obtaining consent to the newsletter
- Exclusion from the database after unsubscribing
- Correct approach to the content of the letter
How to avoid getting a fine for email marketing: an introduction
Many companies use newsletters to draw attention to their products and services. When organizing an advertising campaign, you need to solve not only technical issues with the preparation and sending of material, but also legal ones. Otherwise, there is a reason for bringing a business entity to administrative responsibility for violating the law "On Advertising", "On Personal Data", etc. This situation contributes to the deterioration of business reputation and can lead to serious fines.
What is a promotional email?
According to the current legislation, advertising is called any information that is addressed to an indefinite circle of recipients, is aimed at attracting attention and maintaining interest in the product. The dissemination of information can be done in any way.
Many will argue that during mailing it is impossible to talk about an indefinite circle of persons, since the texts may contain the name of the recipient of the information. On the other hand, even if the recipient is specified, the advertisement remains an advertisement based on the content and purpose of the text. That is why, when considering controversial cases in court, the argument about the identification of the recipient is not decisive and does not exempt from liability.
To avoid trouble with the law, the following issues should be addressed:
Preparing the database
The company has the ability to collect its own customer database. To do this, you need to invite them to subscribe to the newsletter when they visit the site or register an account. This approach is legal and will not entail legal consequences, since users themselves expressed a desire to receive notifications to their mailbox and indicated their email address.
Some companies neglect such rules, because it takes a long time to collect their client base. It is much easier to purchase a ready-made product from outsiders and start sending to the specified addresses. This option is deliberately risky. Users did not give their consent to the collection and storage of their personal data, that is, in fact, the business entity violates the relevant law. For this, Roskomnadzor can bring you to justice and impose a fine of up to 75 thousand rubles.
Obtaining consent to the newsletter
There are several ways to obtain customer consent to receive promotional emails. The main method is to include a newsletter clause in the user agreement. The site visitor is given the opportunity to give permission for the processing of personal data and receive advertising letters. Please note: Users must be able to accept this clause or opt out of receiving advertisements.
According to the rules, the user must have a clear understanding that he is subscribing to the advertising mailing list. Some companies try to avoid this formulation and it is a violation. Do not disguise advertising letters with other names ("news and discounts", "information materials").
The site owner should take care to record the acceptance. There are two main ways to deal with this issue. The first is to offer the client to independently tick the corresponding clause of the contract. You don't need to use auto-affixing. When a person ticks a box manually, it can be recorded in the form of a log file and used as evidence in court. In the case of claims from the regulatory authorities, this will confirm that the person himself agreed to receive letters.
Another method of subscription is confirmation with a code received in the form of SMS. The person needs to indicate the phone number to which the digital code will be sent. It must be entered into a special window on the site. This method is convenient, but there are some nuances. For example, the phone can be registered in the name of another subscriber, so it will be more difficult for the advertiser to prove his case.
Exclusion from the database after unsubscribing
Some advertisers continue to send promotional emails to those who have unsubscribed from the mailing list. This is one of the main reasons for the claims. From the point of view of the law, such actions violate the rights of consumers and are the basis for collection.
Correct approach to the content of the letter
In advertising letters, you cannot use other people's trademarks, incorrect data that can mislead the reader, negative information about competitors. All this is a violation of the current legislation. Also, advertisers should comply with restrictions, if any, in relation to goods and services.
Contacting the law firm A4 Law Firm will help to resolve controversial issues and avoid penalties when organizing advertising mailings.
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