Marketing by text and email and use of cookies

Monday, 13th June 2011

Crombie Wilkinson Solicitors are warning that following the new Privacy and Electronic Communications Regulations 2011 coming into force, businesses will need to ensure that they comply with the legislation when sending out electronic marketing material and using cookies on their websites.

Neil Largan from Crombie Wilkinson said “In terms of marketing by text or email, businesses cannot contact individuals without their consent, unless their details were obtained during the course of a transaction. Nevertheless, each person must be given the right to opt out every time a message is sent".

When it comes to cookies, businesses will only be able to place a cookie on a user’s machine with their consent, unless it is ‘strictly necessary’ for a service the individual has requested – for example, when adding items to a basket during online shopping”.

As the new measures are accompanied by greater powers for the Information Commissioner and potentially severe monetary penalties, businesses should perform a thorough review of their procedures in order to avoid falling foul of the new regulations.


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