INMA_A01.QXD

e-mail. This is opt-in. Opt-in can be achieved online or offline through asking people

whether they want to receive e-mail. Online this is often done through a tick box.

The main options are shown in Figure 3.3. Figure 3.3(a) is opt-out and it can be con-

sidered this is against the spirit of the law since someone may sign up to receive e-mail

communications without realising it. Figure 3.3(b) is opt-in since the subscriber has to

explicitly check the box. Figure 3.3(c) is also opt-in, but it is a more subtle approach. The

consumer cannot enter the prize draw unless they complete the form. In fact, the PECR

law does not mandate a tick box option provided consent is clearly indicated.

The approach required by the law has, in common with many aspects of data protection

and privacy law, been used by many organisations for some time. In other words, sending

unsolicited e-mails was thought to be unethical and also not in the best interests of the

company because of the risk of annoying customers. In fact, the law conforms to an estab-

lished approach known as ‘permission marketing’, a term coined by US commentator Seth

Godin (1999, Chapter 6 – first four chapters available free from http://www.permission.com).

CHAPTER 3· THE INTERNET MACRO-ENVIRONMENT

Opt-in
A customer proactively
agrees to receive
further information.

Figure 3.3Online forms: (a) opt-out, (b) opt-in, (c) implicit opt-in

Would you like to receive information via email?

Yes No

Your Request (Optional):

SUBMIT

Would you like to receive information via email?

Yes No

Your Request (Optional):

SUBMIT

(a) (b)

Your Name & Address

To enter you in the £10,000 prize draw, please make

sure you enter your name and email address on this

page and your contact address on the next page.

The questions marked in blue are obligatory fields.

Title: Select answer

Surname:

First Name:

Phone No:

Mobile No:

Is this email address your:

Home Business Both

Which is your preferred format for receiving email offers?

HTML Plain text

(c)

Email:

Permission
marketing
Customers agree (opt-
in) to be involved in an
organisation’s
marketing activities,
usually as a result of an
incentive.