The DMA has put forward a submission to EU draftsman Marco Cappato outlining its concerns. The DMA says its main concern is that the proposed provision does not distinguish between true 'spam' e-mail - which is bulk, untargeted e-mails and direct marketing - where targeted lists are used to develop a specific relationship with customers, thus resulting in the application of an opt-in mechanism to all e-mail marketing.
Jodie Sangster, DMA Legal and Public Affairs Executive, says:
“Community data protection legislation already exists to prohibit spam e-mails, so the introduction of further legislation for an opt-in scheme isn’t going to stop unscrupulous marketers from continuing to send spam e-mail, but will instead penalise responsible marketers from using this valuable marketing tool.”
Sangster also argues that direct marketing via e-mail by legitimate companies, especially those who are members of the DMA, has the sole purpose of maintaining and growing their customer base in a responsible way. Sangster believes such companies obey the laws and principles on direct marketing set out in data protection legislation and DMA Codes of Conduct.
"Broadly speaking, e-mails sent for direct marketing purposes are the exact opposite of spam. They are targeted to specific and carefully selected individuals or companies where previous contact has been made and adequate opportunity to object to receiving such email activity has been given”, she says.
All submissions on the EU Directive to be considered by Cappato were due in by the 24th January.