9 replies
Hi all,

Just reading some EU laws about Permission / Opt-In Requirement for email marketing and just wondering if anyone could clear something up for me please.

My only concern that I wan't to be 100% sure on is:
As EU citizens, if we have someone on one of our lists as a lead and they confirmed (opted in), when we sell to that lead and add them to a customer list...They don't have to opt-into the customer list aswell do they?

From reading around site I get the impression that, no they don't have to opt in again since concent has already been establisheb BUT I wan't to make sure I'm not understanding it wrong since it's that vital.

Anyway thanx
#laws
  • Profile picture of the author secrets2010
    don't ask legal advice on a forum...I recommend you to talk directly to a lawyer...only consider the answers from warriors who are actually laywers like kindsvater or bob silber...




    Originally Posted by vladmm View Post

    Hi all,

    Just reading some EU laws about Permission / Opt-In Requirement for email marketing and just wondering if anyone could clear something up for me please.

    My only concern that I wan't to be 100% sure on is:
    As EU citizens, if we have someone on one of our lists as a lead and they confirmed (opted in), when we sell to that lead and add them to a customer list...They don't have to opt-into the customer list aswell do they?

    From reading around site I get the impression that, no they don't have to opt in again since concent has already been establisheb BUT I wan't to make sure I'm not understanding it wrong since it's that vital.

    Anyway thanx
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    • Profile picture of the author Jeff Henshaw
      If they are a customer, put them on your customer list. As they are a customer, then you are entitled to contact them under EU legislation, without them having to confirm the opt in.

      Be careful when you contact them. Firstly thank them for their purchase and offer them something free that complements or is relevant to their purchase (perhaps an extended guarantee). Tell them that you will be keeping in touch and that you would welcome feed back on their purchase at any time.

      Remain in contact with them, but don't over pitch them. Make sure that they are aware that they can unsubscribe from you customer list at any time.

      Don't retain them on your original list if you have moved them to your customer list.

      Just my thoughts,

      Jeff.
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  • Profile picture of the author britannia
    i agree with secrets2010
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  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by vladmm View Post

    As EU citizens, if we have someone on one of our lists as a lead and they confirmed (opted in), when we sell to that lead and add them to a customer list...They don't have to opt-into the customer list aswell do they?

    From reading around site I get the impression that, no they don't have to opt in again since concent has already been establisheb
    I'm not a lawyer and you should therefore confirm this with someone who is, but I believe that that's correct: they've already consented to receiving email from you; you could have added them to two of your lists when they originally opted in (that part I'm sure of) and it would be illogical to require further consent for further mailings just because they've bought something from/through you. I'll be extremely surprised if this is mistaken.

    The comments above about not taking legal advice in a forum are, however, quite right.
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  • Profile picture of the author Istvan Horvath
    I agree with all the posts above... however, you may hit a technical "block" here: with autoresponder services like aweber once you set one of your list for confirmed (double) opt in - all your list will be like that. Which means even 'transferring' a prospect by automation to the buyers list, she will have to confirm that subscription, too.

    Which is a total nonsense and even Aweber should realize it but the common sense is not prevalent in corporation policies
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  • Profile picture of the author seasoned
    Jeff basically said what I would. If they are a customer, it is certainly OK. If they are a prospect that opted in that is OK. But YEAH, STAY in contact, DON'T push it, and offer them something of value every now and then.

    BTW I am not a lawyer, but what I described is generally fine, and I would think it would be here also. And kindsvater, and Bob Silber may not be well versed in EU law. Unless they are, I would say you should even take THEIR advice on such things with a grain of salt.

    Steve
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  • Profile picture of the author Vladutz
    Thanks for all your replies, I'll definatly will take all the tips on board. Have a great day :0)
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  • Profile picture of the author CDarklock
    Originally Posted by vladmm View Post

    They don't have to opt-into the customer list aswell do they?
    I always do it that way, and I never have an issue with it. Most people still opt-in, and those who don't would probably have complained if I forced them onto the list - or, at the very least, unsubscribed.

    Double opt-in is something I fully believe in. I like telling my customers to confirm over and over again. You do want my stuff, right? You do want my emails and offers, and you will buy more stuff - right?

    I don't like to keep them around too long without nodding vigorously and clicking the link that says "yes, please sell me more stuff."
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    "The Golden Town is the Golden Town no longer. They have sold their pillars for brass and their temples for money, they have made coins out of their golden doors. It is become a dark town full of trouble, there is no ease in its streets, beauty has left it and the old songs are gone." - Lord Dunsany, The Messengers
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  • Profile picture of the author Vladutz
    Just found the Law on the subject:

    1. The use of automated calling systems without human
    intervention (automatic calling machines), facsimile machines
    (fax) or electronic mail for the purposes of direct marketing
    may only be allowed in respect of subscribers who have given
    their prior consent.

    2. Notwithstanding paragraph 1, where a natural or legal
    person obtains from its customers their electronic contact
    details for electronic mail, in the context of the sale of a
    product or a service, in accordance with Directive 95/46/EC,
    the same natural or legal person may use these electronic
    contact details for direct marketing of its own similar products
    or services provided that customers clearly and distinctly are
    given the opportunity to object, free of charge and in an easy
    manner, to such use of electronic contact details when they are
    collected and on the occasion of each message in case the
    customer has not initially refused such use.

    ...And from what I can make of it. Leads need to opt-in. Customers don't have to as long as their given an unsubscribe option. Which I guess means that if their a lead who opted in and then they become a customer and are moved to a customer list, that they don't need to opt-in again.

    Just out of curiosity, I know CDarklock you mentioned how you do it but how do others set up for leads and customers in relation to opting-in?

    Whats the opinion on good practise for, let's say someone who has just bought something of you and got added to a customer list...should they confirm or not? Would that just be an annoying extr step?

    Thank you
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