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Anti-spam legislation in Europe


The Privacy and Electronic Communications Regulations 2003 are the overriding anti-spam legislation. You’ll find that individual countries will interpret the law in their own ways, and you’ll need to take data protection legislation into account too. In the UK, you can download a fact sheet for marketers from the Information Commissioner’s Office website at This clearly outlines, in Q&A form, what digital marketers can and can’t do with e-mail. As we’ve mentioned, having the recipient opt in to marketing messages is crucial.

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Sometimes the mail doesn’t get through. There is a variety of reasons why your e-mails may not arrive in your customers’ inboxes. They may have been inadvertently or incorrectly categorized as spam by the internet service provider or filtered into a junk mail folder by a web-based or desktop e-mail client. Spam filters are so aggressive these days that people may not even see much spam in their inbox, but an overzealous spam filter can sometimes intercept legitimate mail too. For customers this seems great, but it does mean that they’re missing out on potentially useful and informative e-mails – like your latest missive!

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Your best bet is to avoid the spam trap problem from the start by making sure your e-mails don’t look and read like spam. If your e-mail software has an option to test how well your message will fare with spam filters, use it, and change anything that it flags as suspect. You should also make sure that all of your e-mail can be traced back to a valid IP address from a reputable host. If you do that, there’s no real reason for your e-mails to be blocked.

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