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Email marketing and children and young persons

Email marketing and children and young persons

The Direct marketing Association (DMA) has issued a new Code

, its fourth, current from 1 September 2010. The previous one ran for seven years and many in email marketing felt it was long overdue. The good news for those with customers under the age of 18 on their email lists is that it clears up some of the anomalies in the previous codes. However, it has to be said, by no means all.

It even generates one conundrum with regards to definitions. 'Children' is defined early on in the Code as 'those aged 18 years and under' whilst later they become 'those under 18 years of age'. The assumption is that the latter is correct but it could do with clarification. They are rather tentative with 'young person' defining one as 'those of 16 and 17 years unless otherwise specified'.

One bit of good news is that 'minors' is no longer included. Those of us using the internet to populate our emails lists for email marketing will be pleased to find that the playing field has been levelled a bit and there is no distinction between the collection of data online and offline. The new rule is clear: no data is to be collected from children under the age of twelve without the secure, verifiable and explicit' consent of their parent or guardian. That, at least is precise.

The Code goes on to say: 'Members must not attempt to obtain information from children and young persons about other persons (e.g. parents) for marketing purposes'. Whilst this too is commendably clear, the bit in parenthesise is redundant. 'Other persons' means everyone.

It should be noted that there is no 'personal' included, so it means all information and there is no 'knowingly' which eliminates many a defence.

One confusing aspect is that the Committee of Advertising Practice has also produced a new Code, also published on 1 September. The two Codes coincide in some aspects and differ in others so it can be easy to get them mixed up.

The DMA is available via download only in .pdf format. Go to: www.dma.org.uk.

Email marketing and children and young persons

By: Breanna Cameron
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