This year, all companies who communicate direct to their customers and consumer through direct marketing by email and Short Messaging Service (SMS) will need to look carefully at the ways in which they communicate with new and existing customers.

The European Directive on Privacy and Electronic Communications – due to come into force in autumn 2003 – will introduce a major new marketing rule:

* Commercial emails and SMS messages to individuals will be subject to a prior consent arrangement, which means that they may only receive direct marketing if the recipient has agreed in advance, except where there is an existing relationship between marketer and consumer/customer.

This opt-in rule aims to tackle the growing problem of unsolicited commercial email or ‘spam’ which clogs up inboxes, leads to consumer annoyance and reduces the effectiveness of legitimate targeted email and SMS marketing campaigns.

The new rules will bring a great opportunity for companies using direct marketing techniques to establish themselves as responsible organisations with respect for their customers and consumers.

The Directive will also introduce a parallel new rule on websites:

*Cookies and other tracking devices will be subject to a new transparency requirement, which means that subscribers and users must be informed about their presence on websites and must also be given the chance to refuse them if they wish.

This transparency rule aims to give consumers greater information and choice about the information that content and service providers can track and store about them.

Knexus has asked one of its members, the Department of Trade and Industry, to host a collaborative session for the Community on this new legislation. The session’s objectives are to inform members of the changes to legislation regarding electronic communication and provide guidance on how you need to respond.

DTI’s briefing will be followed by a roundtable discussion among member participants to exchange ideas and knowledge about the practicalities of emarketing activity while complying with the new guidelines.

If you are responsible for marketing or website development and would like to hear and exchange knowledge with peer group companies, then please join us. Make sure that your electronic marketing communications are more effective by sending them to customers and consumers that want to hear your proposition.