Opt-in for Email
Whilst there is a lot of debate surrounding the definition of Opt-in Email, we have decided to adopt the statement provided by the DMA, given below
The DMA's Position
A draft European directive concerning the processing of personal data and the protection of privacy in the electronic communications sector (the Electronic Communications Privacy Directive), includes a specific provision that unsolicited email marketing messages are only permitted where a recipient has previously consented to receiving such communications. Whist no definition of 'consent' is given in the directive, this is being interpreted as a requirement for opt-in email marketing. The DMA is lobbying again against such a move, arguing that a continuation of the current opt-out regime is in the best interests of business and consumers. A summary of the DMA's position is as follows:
* The DMA is lobbying for opt-out but does not mean it is against companies adopting permission marketing techniques. It is recognised that many DMA members have chosen opt-in as being the best approach for them but what is important is that companies have the freedom to choose without legislation forcing them down the opt-in route where it may not be in their best interests.
* Opt-in will not prevent 'spamming'. It needs to be made clear that there is a difference between spam (i.e the massive and repeated sending of unsolicited mail to persons with whom the sender has never been in contact, and whose electronic addresses have been copied without legitimacy) and legitimate direct marketing (i.e. targeted messages to specific and carefully selected private individuals whose details have been legitimately collected). To impose opt-in on both would penalise responsible marketers but would not stop unscrupulous marketers from continuing to send spam email. Current European data protection legislation already prohibits the sending of spam and is largely being ignored. Further legislation is also unlikely to have a greater affect.
* Legitimate direct marketers, particularly small to medium sized companies and start-ups would be severely hampered by an opt-in regime which would prevent them establishing and growing their customer base in a responsible way. Without the advantages of larger companies with a high level of consumer awareness who are more likely to receive requests for information, they need an opt-out environment so as to identify and forge relationships with potential customers. To prevent this would be to hold back the development of e-commerce in Europe and put us at a commercial disadvantage with the rest of the world, particularly the USA.
* An opt-in regime would also put e-commerce at a competitive disadvantage with companies using traditional commercial media who can continue to rely on an opt-out system. This would be to discriminate against the online environment and would hinder the development of e-commerce. However, a very real danger is that opt-in for email is the first step towards opt-in for all media. Indeed, a recent European Parliament committee report stated that there 'is an overwhelming case in favour of a ban on unsolicited e-mail and other personally addressed messages'. This directive could be the slippery slope to opt-in for traditional mail, telephone etc.
* A continuation of an opt-out system, backed by the E-mail Preference Service and existing data protection legislation provides consumers with the best protection and choice. Experience with the Fax and other Preference Services shows that opt-out works much better for consumers - it is less confusing and more manageable for consumers to opt-out once from all communications of a certain type without having to remember which companies they have opted-in to. It is also true that opt-out is much easier to enforce - with one central record of individuals' preferences swift action can be taken against a company. In terms of legislation, consumers already have considerable control over how their personal data are collected and used. An individual always has the option of opting-out of receiving direct marketing messages and data cannot be collected without the individual knowing who is collecting it and what they intend to do with it.
* Compulsory opt-in for all email marketing would limit the information available to consumers, who will be more likely to request contact from the already well established and larger companies, thus reducing market competition and consumer choice.
* The DMA is not alone in defending the industry from compulsory opt-in. The Federation of European Direct Marketing (FEDMA), and DMAs throughout Europe are very much opposed to compulsory opt-in for email. The DTI also supported the principle of opt-out for email in its Implementation of the Distance Selling Directive.
* Through its policy to lobby for a continuation of the right companies to choose whether opt-in or opt-out for email is more appropriate for their needs, the DMA is representing the best interests of the direct marketing industry as a whole and is taking into account the full implications of the proposed legislation on the future growth of the industry and its relationship with consumers.
For more information on the opt-out system, please go to http://www.e-mps.org
