In the words of Release 1.0 publisher Esther Dyson, "Permission marketing is the wave of the future." Capturing an e-mail address isn't enough to be able to send those persons e-mail. They must opt-in.
Not opting-out isn't the same as opting-in. The safest route is giving the prospect the choice of checking a preference like "Yes, I want to receive material" or "Put me on your e-mail alert service."
The following recommendations were developed to help marketers better ensure the delivery of legitimate e-mail communications and build an ongoing, mutually beneficial dialogue with recipients through e-mail. These recommendations also assist in integrating marketing communications and securing brands in a significant and visible portion of the online space:
- Marketers should give due consideration to matters concerning privacy, security, and confidentiality.
- Marketers should be aware of and familiar with existing U.S. federal, state, local and international privacy and data protection laws that may govern commercial e-mail. The DMA recommends that organizations consult independent legal counsel for advice with respect to specific facts and circumstances that may be applicable depending on jurisdiction and business practices.
- Organizations are encouraged to refer to laws such as the CAN-SPAM Act of 2003, the Childrens Online Privacy Protection Act (COPPA), the Health Insurance Portability and Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act (GLB) to evaluate if they are applicable.
