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28 May 2015

Here’s Why Email Marketing Best Practices Are Becoming De Facto Law

Lawyers in the digital marketing space hear it all the time: ‘I understand it is best practices, but what does the actual law say?’ In an industry driven by results and pushing the legal boundaries, ‘best practices’ have all too often been brushed to the side. With the rise in plaintiff’s attorneys, in addition to ‘spam-bulance chasers’ initiating lawsuits based on often dubious claims, now more than ever it is important that a brand’s email acquisition marketing strategy be based on a solid foundation that is centred on compliance. A dollar (or a pound) spent on proactive regulatory and brand compliance can save hundreds of thousands of dollars in reactive litigation.

Digital marketers must be aware of every potential issue that could arise from their email acquisition marketing campaigns. Marketers must ask the following questions before launching any campaigns: “Does this break the law in the country in which the campaign will be active?”, and “Will the advertiser approve of this?” In other words, marketers must be in compliance with applicable digital marketing laws and regulations within the local market in which the campaign is being hosted and with the creative obligations set by the actual brand.

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