Services
Marketing & Newsletters
We check your mailing and marketing against two laws that apply together: the Communications Law (the “spam law”), which requires consent in advance for advertising by email and text message, and the Privacy Protection Law, which sets rules for segmented contact and sign-up forms. You can then send newsletters and messages and use lead lists with less exposure to claims.
Four questions about your marketing
The answers to these questions show which rules apply to your marketing.
| # | Question | Why it is decisive |
|---|---|---|
| 1 | Do you send newsletters or marketing text messages? | If so, the Communications Law requires express prior consent, and a way to unsubscribe in every message. Most class actions in this field come from here. |
| 2 | Do you target customers by segment? | When a message is based on the recipients’ characteristics in a database, the direct-mail rules apply too: what each message must include, and deletion on request. |
| 3 | Did you buy or receive a lead list? | Personal data collected unlawfully may not be processed, so check how the list was collected before the first message. |
| 4 | Do you have a sign-up form on your website or app? | The law requires a notice beside the form. The Privacy Protection Authority has already imposed a monetary sanction for an incomplete notice on an online sign-up form. |
Deliverables
At the end you receive wording and checks you can use straight away.
| Deliverable | What it contains |
|---|---|
| Consent and mailing review | How consent is collected, recorded and withdrawn — against the Communications Law and the Privacy Protection Law. |
| Sign-up form wording | The notice beside each form, and a separate consent box for marketing and profiling. |
| Lead-list check | Where the list came from, how it was collected, and what you may do with it. |
| Message template | What every marketing message must include, and an unsubscribe route that works. |
| Answer to a demand letter | The claim checked against the consents you recorded, and a written reply. |
How it runs
The work runs in five steps, and the scope is set in writing before it starts.
- Initial fit call
- A first discussion of the need, scope and priorities.
- Scope letter
- Deliverables, timetable and terms of engagement, in writing, before work starts.
- Collection
- A questionnaire and documents, then two to three conversations with the relevant people on your side.
- Delivery
- The deliverables, then a handover session on the gaps and the order to address them.
- Continuation, if you want it
- Ongoing support or filling the officer role.
- 1. Fit call
- 2. Scope letter
- 3. Collection
- 4. Delivery
- 5. Continuation
Questions people ask
Do we need consent to send a newsletter to existing customers?
As a rule, yes. The Communications Law requires express prior consent to send an advertisement by email or text message. There is a narrow exception: a customer who gave their details when buying, or negotiating to buy, was told they would be used for advertising, was given the chance to refuse and did not, may receive advertising for similar products. Every message must offer a way to unsubscribe.
What is the difference between the spam rules and the direct-mail rules?
They are two regimes that apply together. The Communications Law covers sending an advertisement by email, text message, fax or automated call, and requires consent in advance. The Privacy Protection Law’s direct-mail rules cover contacting people on the basis of their characteristics in a database, by any means: what each contact must include, and deletion on request. Most class actions come from the first.
Can we use a lead list we bought?
Only if the data was collected lawfully. The Privacy Protection Law bars processing personal data that was collected unlawfully; a buyer who did not know, and had no reason to know, is protected only until they find out. Check where the list came from before the first message.