Issue link: https://htpgraphics.uberflip.com/i/116752
Delivery Section 7 If you are not doing so already, there may come a time when you decide to include on-line purchase facilities in, for example, a VLE which you have set up. If you do this, you have to make sure that you comply with a number of regulations. Privacy legislation The Privacy and Electronic Communications Regulations have brought into force a range of controls on use of electronic communications. The ones you will need to be most aware of are the provisions governing the use of unsolicited e-mail marketing (including text messages and other electronic communication methods) and the use of cookies. Unsolicited e-mail marketing You cannot send unsolicited e-mail communications (or SMS messages or voicemail messages) to individual recipients (e.g. someone@home.com or sole.trader@work.com), without the recipient's prior consent. Your message will be unsolicited if it is one that the recipient has not specifically invited. Prior consent is often referred to as a 'opt-in'. A positive indication of consent is needed but it is not necessary for a recipient to tick a box to indicate consent. There must, however, be some form of communication where the individual knowingly indicates their consent. For example, "by subscribing to this service, you are agreeing that we may send e-mails to you about our service unless you tick this box [ ] to indicate that you do not agree to this." This is different to an 'opt-out' (e.g. "we may send you e-mails about our services unless you tick this box [ ]") which is not sufficient. There is an exception relating to messages promoting you goods or services (i.e. it does not cover a third party's goods and services even if, for example the third party is a group or associated company) similar to those which the recipient has previously purchased, or has expressed an interest in purchasing, and where the recipient has been given an opportunity to opt-out at the time the recipient's details are collected and at each subsequent communication. Each marketing e-mail must contain the identity of the marketer and a valid e-mail address to which the recipient may send a request for the communication to cease. 35