Website Legal Requirements 7 – The EU Anti Spam Laws

The seventh and last blog of my Website Legal Requirements series, explains how The EU Anti Spam Laws affect your email marketing and what you should do in order to comply.


The Privacy and Electronic Communications Directive (E-Privacy Directive) is an EU directive on data protection and privacy in the digital age. Article 13(1) of the Directive prohibits the sending of unsolicited commercial communications by fax or e-mail or other electronic messaging systems such as SMS and MMS unless the prior consent of the addressee has been obtained (opt-in system).

How Does This Affect My Website?

Firstly, if you use your website forms to collect users email addresses which you then use to send marketing emails to, you must ensure the user is offered an opt-in option to receive your emails. Customers are exempt from this but need to be offered an opt-out option.

Secondly, if you have a database of emails you must ensure these people have opted in to receive your marketing emails. So for example, if you purchased a database of emails, you must ensure these poeple have initially given consent to pass their emails on to third parties.

Thirdly, if you use a email marketing or newsletter system, such as our Email Marketer, you must make sure opt-out instructions have been provided.

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