UK firms ignore anti-spam law

Almost a third of UK businesses are flouting data protection and privacy laws

Almost a third of UK firms are failing to comply with privacy laws introduced in the UK three years ago to crack down on spam, a new study has revealed.

A core aim of the European Privacy and Electronic Communications Directive, which came into force in the UK in December 2003, is to clamp down on the practice of sending unsolicited commercial email. Under the law, firms are no longer allowed to automatically opt in their customers to receiving emails about goods and services and instead customers should be required to actively choose to receive commercial emails.

However, according to a new study from marketing specialists CDMS, 31 percent of the 200 UK firms studied are not complying with the opt-in rules for sending unsolicited emails to non-customers, for example money-off promotions. This is only a slight improvement on 2005, when 34 percent were non-compliant.

CDMS’ Ian Hubbard warned that non-compliant organisations are putting their brands at risk by appearing not to care about privacy legislation. “This effectively puts them in the category of junk emailers,” he added.

Hubbard also advised firms to tighten up their processes prior to enforcement test cases being brought by individuals or regulatory authorities, or getting blacklisted by consumer groups.

However, according to the UK’s privacy watchdog, there has been a “very low” number of complaints about non-compliance with the Privacy and Electronic Communications Directive since it came into force. Caroline Greenaway of the Information Commissioner’s Office (ICO) said that there had been 14 complaints about the travel industry, 10 about telecoms firms and five about money lenders sending unsolicited marketing emails. The utilities sector, meanwhile, had attracted no complaints in this area.

Greenaway reiterated, however, that the ICO would enforce regulations where necessary. “Last month, we served enforcement notices against five firms for ma king unsolicited marketing calls,” she added.