A solicited marketing message is one that has been actively requested and is not covered by the PECR but there is still a need to comply with the requirement to provide information to the recipient such as who you are, display your telephone number calling line identification when making calls and provide a contact address.

It’s also worth remembering the GDPR and an individuals right to object, so eNaycH also recommends placing a method of opting out.

An unsolicted message is one that has not been specifically requested, even if an individual has ‘opted in’ to receiving marketing from you.

Why?

Because even an opted in individual has not specifically contacted you to ask for particular information.  This does not make all unsolicited marketing unlawful.  Unsolicited marketing messages can still be sent, so long as they comply with PECR.

You will notice we’ve used the term ‘individual’ throughout this section and it’s important to know why.  Simply because there are separate rules governing individuals and what are known as ‘corporate’ subscribers and we will get to those shortly.

‘Opt-In’ is the term given when someone has taken a specific positive step (ticked a box, sent an email, or clicked a button) to indicate and therefore necessarily consent to receiving your marketing.

Remember with the GDPR any opt-in and therefore consent cannot be ambiguous, so it’s very important to ensure that individuals know exactly what they are signing up to.  It’s worth splitting the channels of communications to allow choice.

Under GDPR pre-ticked Opt-In boxes will not be compliant as no specific positive step has been taken.  It applies to manual forms that will become data under the GDPR definitions of data.

Any Opted In data collected prior to the enforcement of GDPR will remain compliant so long as you can evidence with clear records what an individual consented and when and how you obtained consent.

Indirect consented data (gained from a third party) should be thoroughly checked to ensure that the consent is valid for your organisation  Generic consent covering any third party is unlikely to be enough.

‘Opt-Out’ is where an individual must take a positive step to refuse or unsubscribe from marketing.

Every direct marketing communication which is sent whether solicited or unsolicited must contain an option to opt-out.

There is one more option when carrying out electronic marketing and this on is the exception to the rules above, soft opt-in.

It applies only the the following conditions are met;

• An individuals details have been collected in the course of a sale or negotiation for a sale of a product or service;
• Where the marketing masseages are only marketing similar products or services; and
• The individual is given a simple opportunity to refuse marketing when their details are collected, and if they don’t opt-out at this point, are given a simple way to do so in future messages.