Data Capture Legalities

"A client of mine is trying to facilitate data capture for a small gift shop. I understand that an unsubscribe link must be offered and the client must have the choice to opt in. Where should I be looking for a comprehensive understanding of the implications associated with data capture on- and off-line?" -- Max McLoughlin, Reelform Limited, UK

Data capture, or obtaining contact information for a customer for the purposes of sending him or her future e-mails, is governed both by law and by common sense. Seth Godin, in his book Permission Marketing (Simon & Schuster; 1999, ISBN 0684856360), makes the point that people respond much more positively to a marketing message if they have given you permission to communicate it to them. Always obtain explicit permission from the recipient before putting someone on your e-mail list. I recommend using a confirmed opt-in approach (sometimes called "double opt-in"), explained in my article "Why I'm Moving to Double Opt-in Subscriptions," Web Marketing Today, 9/10/2002 (www.wilsonweb.com/wmt7/double_optin.htm).

Those are the practical concerns. But you need to consider the legal implications, too. I recommend that you consult an Internet-savvy attorney, since the legal situation differs by country and region and is constantly changing. The Spam Links site (www.geocities.com/spamresources/legal.htm) includes links to sources of legal information worldwide. The US Congress is currently considering several anti-spam laws and I expect one to be passed this session. However, spam laws are not the only issue. Your client may also need to observe regulations issued by the European Union that severely restricts the gathering and use of personal data of EU citizens (Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995). http://europa.eu.int/comm/internal_market/privacy/index_en.htm