Email privacy laws set challenge for marketing

Varying e-marketing rules across European countries make it difficult for firms to promote themselves

Current inconsistencies in electronic marketing laws across Europe could make it difficult for organisations to manage promotional campaigns that use email, according to research by law firm Osborne Clarke.

The UK is particularly poor at guarding consumer privacy in this area, the study indicates. Though legislation to protect consumers from spam was introduced in the UK in 2003, the authorities have yet to bring a single case to court against a firm abusing the law, the research found.

Furthermore, the UK’s maximum penalty for offences is set at £5,000 – one of the lowest in Europe, according to Osborne Clarke. This compares to a £385,000 maximum in Sweden and up to £2,600 per email in France.

Other countries also appear to be doing more to crack down on offenders. For example Germany and Austria have both seen 500 cases for e-privacy offences.

Stephen Groom, a partner at Osborne Clarke, attributed the UK’s poor showing to a failure at government level to take the issue seriously. “The Information Commissioner’s Office just doesn’t have the resources or power to enforce the rules,” he argued.

Groom added that regulations for business-to-business e-marketing also vary a lot across the EU. “There’s almost a 50-50 split between those member states that require corporate users to opt-in for commercial emails, while the other half – including the UK – favour an opt-out approach,” he added. “It’s a pretty fundamental thing that firms need to consider if they’re sending out e-marketing campaigns to different countries in Europe.”