UK anti-spam law 
by Mark Roper, December 2005
Introduction
This article is intended to explain what the UK anti-spam law is, who it is applicable to, how a business can be compliant and why a business should be compliant.
What the law is
As part of the Privacy and Electronic Communications Regulations 2003, updates were made to combat spam emails. These new 'anti-spam' rules apply to organisations sending emails as part of an email marketing campaign. The 2 main new rules are:
1) When sending marketing emails, the sender must not hide their identity and must provide a valid address for opt-out.
2) The sending of unsolicited emails is only allowed when the receipient has previously agreed - by an opt-in.
For the second rule, the opt-in requirement is not applicable if the person's email address was collected as part of a previous sale or negotation for sale, the email is concerning existing products/services and an opt-out feature is provided.
Who it is applicable to
The 1st rule applies to any emails being sent from organisations to any receipient. The 2nd rule applies to emails being sent from organisations to private individuals, sole traders or unincorporated partnership.
How to be compliant
To be compliant, senders of marketing emails must ensure that when the address was collected the receipient was given an opportunity to opt-out. This is usually a simple check-box on the website where the details are being recorded. Senders must also ensure that on any marketing emails sent they provide their true identity and provide a working mechanism to opt-out.
Why to be compliant
Any business which does not comply with the regulations and contiunes to send spam emails can face legal action. This could result in a fine of £5000 in a magistrates court or if brought in front of a jury, an unlimited penalty.
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About the author
Mark Roper is the proprietor of ropernet IT. ropernet IT supply web design & development, site hosting, stock photography and domain registration services. For full information please visit www.ropernetit.co.uk
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Disclaimer: The information and recommendations contained in this article aim to be correct. However, please do not regard any part of this article as legal advice. We would recommend that you contact a Lawyer if you require legal advice.