The legal basis for email marketing is the reason you rely on when sending commercial messages. In practice, two routes come into consideration. The first is consent, which must be free, specific and demonstrable – that is, not a pre-ticked box or a condition for downloading material without explanation. The second is contacting an existing customer with an offer of similar goods or services, where consent is not required under set conditions, but the recipient must have the option to opt out already when the address is obtained and in every subsequent message. Regardless of the basis, you must be able to document where the contact came from and when it was added, allow easy unsubscribing, and keep a record of withdrawals. Discuss the specific assessment of your situation with a lawyer, as the interpretation differs in the details.
See also: Double Opt-in, Contact list hygiene, Unsubscribe and complaint rate.
