This page contains information that has appeared on Sandy Adirondack's legal update website for voluntary organisations at www.sandy-a.co.uk/legal.htm. For current updates, including potential changes that are in the pipeline, see the legal update website.

These websites for each chapter update the 2nd edition of The Voluntary Sector Legal Handbook by Sandy Adirondack and James Sinclair Taylor (Directory of Social Change, 2001). The websites are not intended as a comprehensive update and should not be treated as such.

To order a copy of The Voluntary Sector Legal Handbook, print out the order form at www.sandy-a.co.uk/bookserv.htm or send an email order by clicking . It costs £50 for voluntary organisations or £80 for others, plus 10% p&p. We expect the third edition to be published in 2007.

The information here covers the law applicable to England and Wales. It may not apply in Northern Ireland and/or Scotland. These news items are not a full or definitive statement of the law and are not intended as a substitute for professional legal advice. No responsibility for loss occasioned as a result of any person acting or refraining from acting can be taken by the author.

Chapter 40
PUBLICATIONS AND PUBLICITY

SPAM IS A CRIMINAL OFFENCE

Updated 15/12/03. This information updates ss.38.4.4, 40.2.6 and 45.3.4 in The Voluntary Sector Legal Handbook 2nd edition.
From 11 December 2003 it is an offence, in some situations liable to an unlimited fine, for anyone to send unsolicited commercial email (UCE/spam) and text messages to individuals (including unincorporated bodies) who have not explicitly agreed to this in advance. Email, SMS text, fax and other electronic marketing messages can be sent to individuals only with their explicit consent--an opt-in, rather than the current widely used "tick here if you don't want to hear from us" opt-out.

There is an exception where the organisation has an existing customer relationship with the individual. In this case unsolicited electronic messages can be sent in order to market similar products, unless the individual has opted out from receiving such messages. This rule applies only to commercial relationships (where goods or services have been sold to the individual), and does not apply where the individual is, for example, a member of or donor to the organisation.

In addition, organisations with websites which use cookies or similar tracking devices to store information about visitors to the website should consider how the regulations may affect them. The organisation will have to provide information about the cookies, and allow individuals to refuse them.

The Privacy and Electronic Communications (EC Directive) Regulations 2003 are at www.opsi.gov.uk/si/si2003/20032426.htm. The Information Commissioner's guidance on the regulations is at www.informationcommissioner.gov.uk/eventual.aspx?id=96.

Paul Ticher, author of Data Protection for Voluntary Organisations (Directory of Social Change), has produced a summary of the rules. To get a copy click and send an email with your name and details.
(To prevent spamming, an email address is not given on screen. If you cannot connect by clicking, hold your cursor over the word "here" and the email address should appear at the bottom of your screen.)

Good practice guidelines are in the 11th edition of the Committee of Advertising Practice code, which came into force on 4 March 2003. To comply with the code, legitimate but unsolicited email marketing communications must immediately disclose themselves as such without having to be opened. Distance selling marketing communications must in most cases include a statement saying customers have the right to cancel orders.

In addition to the general opt-out statement on publicity, fundraising, membership etc materials, organisations should use an opt-in statement along the lines of "We may want to send you information about our work and products by email, text message or fax. Please tick here to give your consent for this." Organisations should not send direct marketing emails to individuals and unincorporated bodies unless they have agreed to this. If you send direct marketing emails, make clear in the topic bar/subject line what they are. Include a statement about the right to cancel orders in any distance selling materials.

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for the voluntary sector
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