RTCoopers Online FAQ

These ("Regulations") came into effect late 2003 and impose constraints on the use of e-mails, SMS marketing and Website cookies.

They Apply to all marketing messages sent by e-mail regardless of who the recipient is. The sender must not conceal their identity and must provide a valid address to which opt-out requests can be sent.

There are certain exemptions that apply to the Regulations.

The Regulations also deal with the use of cookies on websites. Cookies are temporary records that are kept of a person's e-mail address and other details when a person accesses a website. The Regulations lay down the law regarding the use of cookies on websites. Under the Regulations the use of cookies and other tracking devices is prohibited unless subscribers or users are clearly told they are being used and are given the chance to refuse their use.

The regulations do not set out when, where or how information or switch-off opportunities should be communicated. It is suggested that this may be communicated in a privacy policy. It is also interesting to note that the Department of Trade and Industry is currently investigating use of cookies by data controllers.

The following exemptions exist under the Regulations:

1. Where there is an existing customer relationship, there is an exemption to the Regulations.
2. Limited direct marketing by e-mail is permissible without an express opt-in, subject of the following requirements:
        a. The email address must have been obtained in the course of the "sale or negotiations for the sale of a product or service  to that recipient".
        b. Direct marketing is permitted only in respect of the marketer's "similar products and services".
        c. The recipient must be given a simple means of refusing the use of contact details for the purposes of direct marketing – for example a tick box.

It should be noted that mailing lists (e-mail addresses) collected before October 2003 may be legally unusable unless the e-mail addresses are for persons who have been sold goods or services, or have been involved in negotiations for the sale of goods or services. An opt-in is required in all other cases – for example if a person registered on a website for a newsletter or a person’s e-mail address was purchased by the organisation as part of a bought-in mailing list. The Information Commission also offers guidance on this matter. They suggest there is a requirement to include a "simple means of refusing" further e-mails.