The Information Commissioner’s Office (ICO) guidance on direct marketing via electronic mail stated, until recently, that marketing messages sent via Bluetooth would be subject to the Privacy and Electronic Communications Regulations 2003 (Regulations). These Regulations prohibit the transmission of unsolicited marketing material. This previous interpretation by the ICO caused serious difficulties for marketers who wanted to send their messages to all Bluetooth enabled handsets, since the technology did not distinguish between those people who had consented to receiving such marketing and those who had not.
However, the ICO has made a significant u-turn in its stance on the matter. It has stated that the Regulations only apply to messages sent over a public electronic communications network and that, contrary to its previous guidance, it now considers that Bluetooth messages do not fall into this category.
Although this will be good news for marketers, the change in position has prompted fears that it may lead to a wave of ‘Bluetooth spam’. However, marketers will still need to comply with other advertising rules relating to the content of such messages, for example, the CAP codes, which are enforced by the ASA. Further, marketers are encouraged by the ICO to follow industry guidance on Bluetooth marketing, such as that provided by the Direct Marketing Association.
Click here for a link to the ICO Statement.
Click here for a link to the new Guidance.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 22/10/2007.
