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Legal Eagles

We like to think that we have built this site, and run it, to the highest standards of accessibility and compliance possible (bearing in mind that it is predominantly comprised of user-uploaded and managed content, there are some slight limitations and lags), and indeed commissioned some of the best online and legal media specialists to help in the design, and ensure it stays on the sharp end of the various curves which get thrown:)

Sometimes stuff pops up that we take note of, pass on to our expert colleagues or, as here, figure it's worth simply putting on site to pass on...FYI

If you have anything you'd like (us) to add, feel free to pass it on via info@junkk.com.


Almost 1/3 of UK companies are not complying with the EU Directive on Privacy and Electronic Communications more than 2 years after it became law in the UK according to a new survey

The survey was conducted by CDMS, data and marketing specialists. This Europe-wide legislation, which governs email communications with private individuals, demands that companies only send unsolicited sales messages via email to non-customers if they have actively opted-in to receiving them.

In practice, this means that whenever someone's details are recorded - for instance as part of a money-off promotion or a competition - they must be asked whether they want to receive subsequent sales marketing e-messages from that company or any other third party. The legislation makes it crystal clear that simply offering someone the opportunity to opt-out of receiving unsolicited emails (or indeed pre-ticking an opt-in box) does not comply with the Directive.

Having conducted a similar exercise in 2005, the CDMS study once again examined compliance amongst the top 200 companies across twelve main consumer business sectors -

* Banking
* General Insurance
* Credit Card
* Building Societies
* Publishing
* Broadcasting
* Retail
* Fixed and Mobile Telecoms
* FMCG, Utilities and Travel

Companies in each sector were tested to see whether they consistently offered non-customers the opportunity to actively opt-in/consent to further marketing emails when their details were recorded as the result of a promotion or enquiry. These promotions appeared either on the company's own web site, through a partner company's website, in a third party e-newsletter, or as part of an advertising or direct mail campaign.

On average, 69% of companies studied are now compliant with the legislation, a very modest improvement of some three percentage points since 2005, despite the law having been in operation for almost three years.

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