Establishing an email register

Setting up an opt-out scheme for unsolicited email under the Distance

Selling Directive

OFTEL’s role

Protecting interests of consumers using telecoms networks

• Established opt-out registers for phone calls and faxes under the Telecoms Data Protection Directive

• If opt-out decision made for email, likely to be responsible for setting up similar scheme

General advisory role on telecoms matters

How do the current opt-out schemes work?

OFTEL delegates functions of establishing and running register to another body through a tender process

A fee is set for consulting the register - the fee is designed to cover the costs of setting up and maintaining the register

Direct marketers are obliged to consult the register on a regular basis and purge names from their lists

How might an email scheme differ?

Must be available online

Must be able to take orders from overseas direct marketers intending to email UK residents

Must not provide email addresses direct to marketers, but instead provide some form of ‘cleansing’ service

Some questions

Unlike calls and faxes, there are no real precedents for an email scheme in UK

• How many UK and overseas direct marketers are sending unsolicited email to UK residents?

• Cost of establishing register? Setting charges?

• Consumer demand to opt out?

What about opt-in?

OFTEL’s view that opt-in does not require a formal register

Marketers would collect opt-in email addresses through invitations from specific companies on websites

Consumers could also sign onto general opt-in lists to receive information about topics of interest