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- Q. When emailing UK and European clients what legislation should I adhere to?
- Q. Is it legal to capture click through information on an individual basis and use it for further sales and marketing activities?
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Expert Advice

Peter Byre from Concep
Peter Byre provides strategic direction to the existing customer base to enhance and optimise client performance using Concep's various digital communications solutions. He also manages the growing team of account managers within the business.
Peter works with clients across the property, professional and financial services sectors, including Cushman & Wakefield, Grant Thornton, DLA Piper and Knight Frank.
We send B2B email only. Is it legal to capture click through information on an individual basis and use it for further sales and marketing activities? Is there anything we need to put in our data privacy statement if we do this?
Simon Fletcher, Festo
A. It does depend a little on the countries that your business operates in when answering this question. As standard practice, email marketing tools capture both the overall campaign data as well as individual interactions such as link or page clicks and file downloads.
This information is both perfectly legal but clearly very important when planning future campaigns and helping to build deeper segmentation models; Privacy Policies often reference that tracked activity is designed to bring more relevant content to your audience. Here is a good example: http://www.twobirds.com/English/Pages/LegalNotices.aspx
Within the UK, B2B email campaigns must offer a simple unsubscribe option whereby recipients can stop receiving communications; in Germany there is a more conservative approach as all recipients must be informed that their campaign interactions are being tracked, there also needs to exist an option to remove tracking whilst still receiving the campaigns. All campaigns should include a disclaimer or privacy policy and this is where the information would be held.
For example, a legal clients' disclaimer includes options for recipients to update their email preferences, remove tracking capability and to opt out of future communications; the text used is shown here to give an idea of what is required.
Opt-out: To opt-out from all future communications from LEGAL CLIENT please click here and select the option 'Unsubscribe from all LEGAL CLIENT mailing lists'.
Remove Tracking: For marketing purposes, we may monitor whether you open and/or click on URLs in this email. If you want to stop us doing this, please click here and select the option 'Remove tracking
Update Preferences: To subscribe to or unsubscribe from LEGAL CLIENT regular newsletters please click here.
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