Now here’s the one that Online Social Networking members might be interested in –

Recipients are required to agree to the electronic communication, except in the context of an existing customer relationship, where companies may continue to email or SMS to sell or market their own or similar products/services/solutions on an 'opt-out' basis.

In other words, if you requested to join a fellow member's network, then that member has the right to contact you to develop the relationship, until such times you choose not to receive their communications and/or leave their network.

If a website owner uses cookies or other similar tracking agents, then they are obliged to be transparent about their existence and use, allowing visitors, subscribers, users or clients to decline them if required. 

Individuals can “opt out” by way of –

• Telephone preference service
• Fax preference service
• Email preference service

For guidance on The Data Protection Act, please CLICK HERE.

In particular, Sections 13, 17, 22 and 23.

You may also find Schedules 1 and 2 of benefit, and value too.

The Privacy and Electronic Communications (EC Directive) Regulations: 

1. All Unsolicited marketing communications sent by e-mail or SMS messages should be sent to an individual if and only if they have requested to receive them.

There are exceptions to this, for example, if the recipient's email address was gathered, given or obtained as part of "normal marketing" whilst attempting to develop a commercial relationship. and "Soft opt in" criteria was met.

In other words, the recipient of commercial marketing communications should always be given the opportunity to opt out and therefore, stop receiving any future emails.

See Section 22 of the Regulations HERE.

2. You are also prohibited from sending solicited or unsolicited marketing communications where the identity of the sender is hidden or disguised. A means of "opting out", "unsubscribing" is also required for the recipient should they wish NOT to receive further communications from the sender.

See Section 23 of the Regulations HERE.

In the other words, the sender must include a genuine email address and not mask, or hide their true identity.

There is also much confusion in the marketplace as to what is a “solicited” email marketing communication and “unsolicited” email marketing communication.

In short, a solicited marketing communication is one which you have requested, invited or initiated. (Even if this was done via a 3rd party).

An "unsolicited marketing communication” is one which you have NOT initiated, requested or opted in to receiving". Senders of unsolicited email would need to demonstrated that you requested the information sent, or initiated a commercial relationship.

“Soft opt-in” or to be able to commence or initiate sending electronic marketing communications can occur if:

1. you have obtained the contact details of the recipient in the course of a sale or negotiations for the sale of a product or service to that recipient; 

2. the direct marketing material you are sending is in respect of your similar products and services only; and 

3. the recipient has been given a simple means of refusing (free of charge except for the cost of transmission) the use of his contact details for marketing purposes at the time those details were initially collected and, where he did not refuse the use of those details, at the time of each subsequent communication. 

One Question you may be wondering is whether the regulations differ from Business-to-Consumer (B2C) to Business-to-Businesss (B2B)communications


1. Again, the sender is NOT permitted to conceal their true identity in their email address.

2. The sender must also provide a valid address enabling the recipient to “opt-out”, “unsubscribe” or asked to be removed from the list.

At the end of the day, it does not make good business practice to continue sending marketing communications to people who do not wish to receive them.

Failing to include “opt-out” or “unsubscribe” information for recipients of your B2B marketing communications, may indicate to recipients that the sender is unconcerned about their professional reputation. (which could ultimately damage their reputation, sales, and lead to legal enforcement of Section 11 of The Data Protection Act.)

In summary:

• Individuals have the right not to receive commercial marketing email without consent unless it is in relation to an existing relationship.
• Senders of Commercial Email should ensure their email address is genuine and  reveals their true identity 
• Only Send Commercial Email to recipients who have requested it or
• Only Send Commercial Email to recipients as part of the development of a commercial relationship.
• Ensure all Email Communications contain an “opt-out” or “unsubscribe option.  

Although Ultimate List Builder helps its subscribers to comply with the Email Regulations. it is up to the individual to ensure that they do, in fact comply, and meet the requirements of the legislation. This page is meant to act as a guide and is not a substitute for legal counsel. Details of the full Privacy and Electronic Communications (EC Directive) Regulations are located here.

Please seek professional and legal advice if required.