In my work as legal virtual assistant you'd be surprised at the amount of times I'm given a stack of business cards and told "add these to my newsletter". It seems like the the 2018 fanfare around GDPR has been forgotten and people think that simply meeting someone, shaking their hand and sipping coffee together is consent enough to add someone to a newsletter...
Is it legal add email addresses to my newsletter?
In the UK, simply adding someone’s email without their permission is illegal.
Why Consent Matters when it comes to newsletters (and more)
Under the General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations (PECR), you must have clear consent before sending marketing emails. This means you can’t just grab an email from a business card or online profile and add it to your list.
What Does Consent Look Like?
Consent means the person actively agreed to receive your emails. It can’t be assumed or bundled with other agreements. For example:
- Valid Consent: A customer signs up for your newsletter via a form and ticks a box to confirm they want to receive marketing emails.
- Invalid Consent: You collect business emails at a networking event and add them to your list without asking.
The Soft Opt-In Exception
There’s one small exception to this rule, called the soft opt-in. If someone has bought something from you, or they’ve shown clear interest in your products or services (ie they've asked for a quote, and you have an automated follow-up sequence), you can send them marketing emails if:
- You gave them a way to opt-out at the time.
- You’re emailing them about similar products or services.
But even with the soft opt-in, you still need to provide an easy way for people to unsubscribe in every email.
What Happens if You Break the Rules?
If you send unsolicited emails, you could face fines from the Information Commissioner’s Office (ICO). Some fines can go up to £500,000, depending on the breach.
Simple Steps to Stay Legal
- Always ask for clear consent.
- Keep records of how and when someone gave consent.
- Offer an easy unsubscribe option in every email.
For more on this, you can read up on the ICO’s guidance.
By following these rules, you’ll build trust with your audience and avoid legal headaches. Remember, it’s about respecting people’s privacy.
