How is email marketing regulated in Spain?
Posted: Wed Dec 04, 2024 10:27 am
More and more companies are using email marketing as a tool to promote products or services. As with everything, the increased use of this tool has created the need to establish regulations to limit and control it. In this post we will explain the legal aspects involved in the use of email marketing .
For those of you who use email marketing and haven't heard about the laws that regulate it yet... Don't worry. In this post you will find everything you need to know to do quality email marketing. Doing good email marketing requires knowing what its basic limitations are. Not knowing them does not exempt you from responsibility.
Questions like "Can I take any email I find on the turkey mobile phone number list Internet and add it to my database?", "Can I buy databases?" or "Can I send promotional emails without the user's explicit consent?" are typical questions we ask ourselves when carrying out an email marketing strategy . Well, the answers to your questions can be found in Spanish legislation. Since most of us are not legal experts, you don't need to know the regulations inside and out. You just need to be clear about which laws regulate email marketing, know some key points of each one of them and know who is in charge of ensuring compliance.
As we discussed in the post “ The typical mistakes that can turn your emails into SPAM ”, there are basically two laws that regulate email marketing in Spain :
Organic Law on the Protection of Personal Data (LOPD)booThis law regulates the protection of users' personal data. These are some of the most important points that you should remember when you have and manage users' personal data:
1. You need the explicit consent of the user to use their data.
2. The data cannot be used in a way that is incompatible with what was initially agreed with the user.
3. The files where the data is recorded must be reliable and meet the security conditions that guarantee their integrity.
4. The user has the right to rectify their data and to cancel any established agreement.
5. Users who suffer damage or injury to their property or rights due to non-compliance with the Law have the right to be compensated .
Please note that some people may have expressed their opposition to receiving commercial emails. Therefore, it is recommended to consult advertising exclusion lists such as the Robinson Lists , managed by the Spanish Association of Digital Economy .
Law on Information Society Services and Electronic Commerce (LSSI)
LSSIThis law regulates electronic communications. It is a very broad law that covers many concepts. We will focus on those that directly affect email marketing:
1. Commercial emails cannot be sent that have not been previously requested or expressly authorized by the recipients. Quality email marketing is that which is consented to.
2. Possibility of opposing or withdrawing consent to receive commercial emails. An automated and easy unsubscribe system must be enabled for the user.
3. Commercial emails can be sent without prior authorization as long as there has been a previous commercial relationship or if the data has been obtained lawfully.
4. Advertising must be presented as such , so that it cannot be confused with other types of content. Do not try to deceive with the information contained in your email. Clearly inform users if your content is advertising and what they will find if they access your website.
5. Clearly identify the sender; the user must know where the email comes from.
This law establishes the necessary rules so that the use and enjoyment of commercial communications is a positive, safe and reliable experience.
For those of you who use email marketing and haven't heard about the laws that regulate it yet... Don't worry. In this post you will find everything you need to know to do quality email marketing. Doing good email marketing requires knowing what its basic limitations are. Not knowing them does not exempt you from responsibility.
Questions like "Can I take any email I find on the turkey mobile phone number list Internet and add it to my database?", "Can I buy databases?" or "Can I send promotional emails without the user's explicit consent?" are typical questions we ask ourselves when carrying out an email marketing strategy . Well, the answers to your questions can be found in Spanish legislation. Since most of us are not legal experts, you don't need to know the regulations inside and out. You just need to be clear about which laws regulate email marketing, know some key points of each one of them and know who is in charge of ensuring compliance.
As we discussed in the post “ The typical mistakes that can turn your emails into SPAM ”, there are basically two laws that regulate email marketing in Spain :
Organic Law on the Protection of Personal Data (LOPD)booThis law regulates the protection of users' personal data. These are some of the most important points that you should remember when you have and manage users' personal data:
1. You need the explicit consent of the user to use their data.
2. The data cannot be used in a way that is incompatible with what was initially agreed with the user.
3. The files where the data is recorded must be reliable and meet the security conditions that guarantee their integrity.
4. The user has the right to rectify their data and to cancel any established agreement.
5. Users who suffer damage or injury to their property or rights due to non-compliance with the Law have the right to be compensated .
Please note that some people may have expressed their opposition to receiving commercial emails. Therefore, it is recommended to consult advertising exclusion lists such as the Robinson Lists , managed by the Spanish Association of Digital Economy .
Law on Information Society Services and Electronic Commerce (LSSI)
LSSIThis law regulates electronic communications. It is a very broad law that covers many concepts. We will focus on those that directly affect email marketing:
1. Commercial emails cannot be sent that have not been previously requested or expressly authorized by the recipients. Quality email marketing is that which is consented to.
2. Possibility of opposing or withdrawing consent to receive commercial emails. An automated and easy unsubscribe system must be enabled for the user.
3. Commercial emails can be sent without prior authorization as long as there has been a previous commercial relationship or if the data has been obtained lawfully.
4. Advertising must be presented as such , so that it cannot be confused with other types of content. Do not try to deceive with the information contained in your email. Clearly inform users if your content is advertising and what they will find if they access your website.
5. Clearly identify the sender; the user must know where the email comes from.
This law establishes the necessary rules so that the use and enjoyment of commercial communications is a positive, safe and reliable experience.