So what does the new legislation look like then?

In it's raw form it's quite a read. I'd suggest a strong cup of coffee if you're planning on working your way through it all in one session.

The paragraphs most pertinent to email marketing are 22 and 23:

Use of electronic mail for direct marketing purposes

22. - (1) This regulation applies to the transmission of unsolicited communications by means of electronic mail to individual subscribers.

(2) Except in the circumstances referred to in paragraph (3), a person shall neither transmit, nor instigate the transmission of, unsolicited communications for the purposes of direct marketing by means of electronic mail unless the recipient of the electronic mail has previously notified the sender that he consents for the time being to such communications being sent by, or at the instigation of, the sender.

(3) A person may send or instigate the sending of electronic mail for the purposes of direct marketing where -

(a) that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient;

(b) the direct marketing is in respect of that person's similar products and services only; and

(c) the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of his contact details for the purpose

s of such direct marketing, at the time that the details were initially collected, and, where he did not initially refuse the use of the details, at the time of each subsequent communication.

(4) A subscriber shall not permit his line to be used in contravention of paragraph (2).

Use of electronic mail for direct marketing purposes where the identity or address of the sender is concealed

23. A person shall neither transmit, nor instigate the transmission of, a communication for the purposes of direct marketing by means of electronic mail -

(a) where the identity of the person on whose behalf the communication has been sent has been disguised or concealed; or

(b) where a valid address to which the recipient of the communication may send a request that such communications cease has not been provided.

This basically means a number of things for an Internet marketer:

• You may not send email for direct marketing purposes to a recipient unless they have explicitly provided consent to receive any such mailing.
• The exception to the above rule is that you may send the same email to the recipient if you have already acquired their email address from a previous business transaction with you and that the email is promoting a similar product or service.
• At the time when the email address was collected you provided and continue to provide a simple and free means for the recipient to opt-out of any further mailings.
• You must clearly identify yourself in any mailings.
• All emails must contain a valid reply address.
• All emails clearly identify who is responsible for the mailing and on whose behalf it's being sent.