The Privacy and Electronic Communications Regulations govern electronic marketing, including telesales calls, automated calls, marketing faxes and electronic mail.
We will be covering email below (full information can be obtained from ICO)
Electronic mail (emails and 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:
- The marketer has obtained your details through a sale or negotiations for a sale.
- The messages are about similar products or services offered by the sender.
- 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.
Complaints can be lodged when:
- you have received an electronic mail marketing message which you did not ask for or which does not otherwise comply with the above criteria;
- the sender is based in the UK; and
- you can identify the sender.
The regulations do not cover electronic mail marketing messages sent to businesses.
How to complain
First, you should contact the organisation concerned. Tell them about the problem and allow them time to put things right. In many cases, things can be resolved quickly without us getting involved.
What if I cannot resolve the problem yourself?
If you have contacted the organisation about the problem but have been unable to resolve it, we may be able to help.
If necessary, we will investigate the problem further. If we think the law has been broken, we can give the organisation advice and ask them to solve the problem. Our main aim is to get the organisation to change the way it works so that it complies with the regulations in future.
You will need to provide information in support of your complaint or we will not be able to consider it.