This is a guest post from Gary Davis, Deputy Commissioner at the Office of the Data Protection Commissioner, in response to a lively discussion on best practice in sending unsolicited email over on the Enterprise Ireland Internet Marketing Forum. If you’re interested in joining the debate, you can join the forum here.
The legal provisions in relation to marketing are set out in the Data Protection Acts 1988 & 2003 and Statutory Instrument 535 of 2003 (as amended by SI 526 of 2008). The requirements that arise are explained on our website in two guidance documents as follows: Direct Marketing – A General Guide For Data Controllers and A Consumer Guide to Dealing with Unsolicited Direct Marketing
I also delivered a presentation at an IIA event in October 2009 on “Email Do’s And Don’ts” (I didn’t pick the title). I have attached it underneath. My final conclusion page is perhaps most helpful: