Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Marketers may legitimately market their relevant business products to corporate subscribers (as defined in the Introduction to the CAP Code, section III j), whether or not they contact a named individual. Essentially, the rule states that marketers should ensure recipients are not sole traders or non-limited liability partnerships in England, Wales or Northern Ireland.
Marketers sending e-mails or SMS to individuals in their private capacity, whether or not they are sent to consumers at their business e-mail address or business mobile number, still need consent. They do not, however, need consent if they are contacting those same people in their professional capacity. A marketer contacting someone about recruitment services, for example, does not need consent but a marketer contacting the same person about a holiday would need consent.
Marketers may market relevant business products to business consumers irrespective of whether they contact a named employee. For example, it would be acceptable to send e-mails about office equipment to office.manager@xxx.org.uk. It would not be acceptable, however, to send e-mails to the office manager if the product on offer is of interest only to him or her in a private capacity, unless relevant permission is held by the marketer.
Marketers sending unsolicited marcoms about business products via e-mail to named individual employees at corporate subscribers should offer recipients the opportunity to unsubscribe or opt-out of receiving more unsolicited e-mails.
In 2006, an advertiser argued that explicit consent for his unsolicited e-mails was not required because he was sending them to corporate business e-mail addresses. But, because he was promoting a social interaction website, the ASA concluded the advertiser should have obtained prior explicit consent for an unsolicited e-mail (Robert Billington, 1 February 2006).
Relevant parts of the Code:
Introduction III j A corporate subscriber includes corporate bodies such as limited companies in the UK, limited liability partnerships in England, Wales and N. Ireland or any partnerships in Scotland. It also includes schools, hospitals, Government departments or agencies and other public bodies. It does not include sole traders or non-limited liability partnerships in England, Wales and N. Ireland. See Rule 10.13.
Rule 10.13 The explicit consent of consumers is required before sending marketing communications by e-mail or to mobile devices, save that marketers may send unsolicited marketing about their similar products to those whose details they have obtained in the course of, or in negotiations for, a sale. They should, however, tell them they may opt-out of future marketing both when they collect the data and on each occasion they send out marketing communications and should give them a simple means to do so. Explicit consent is not required when marketing business products to corporate subscribers (see Introduction III j), including to their named employees.
Last modified : 06 August 2010