electronic mail Definition

GLOSSARY

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What does electronic mail mean?

Electronic mail means any text, voice, sound or image message sent over a public electronic communications network, which can be stored until it is collected by the recipient. It specifically includes messages sent by text.

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Key compliance issues for an e-commerce website—checklist

Key compliance issues for an e-commerce website—checklist This Checklist sets out the key issues which a legal advisor to an e-commerce business (whether in-house or external) may wish to consider to help ensure the business complies with applicable e-commerce laws and to address legal risks that are particular to an e-commerce context. This Checklist is suitable for use with e-commerce businesses selling to consumers (B2C) or to other businesses (B2B). This Checklist does not consider matters that are generally applicable to all businesses (eg compliance with general data protection record keeping obligations, health and safety, employment law, taxation and so on). For further guidance on e-commerce, see Practice Notes: • Business to business e-commerce—introduction • Business to business e-commerce—legal issues • Business to consumer e-commerce—legal issues Issue Summary Resources which may help A. Website terms and information—ensure the following are in place Terms of use (of the website) It is advisable to include terms which set out the basis on which the website is provided and may be used....

Planning a digital marketing campaign—checklist

Planning a digital marketing campaign—checklist FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, which affects this Checklist. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). This Checklist will be updated for this change in due course. For a detailed comparison of the CPUTR 2008 and Part 4 of DMCCA 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key provisions from a consumer protection perspective. This Checklist is for use when planning a digital marketing campaign. The focus is on marketing-specific requirements and general issues in relation to transactional activity (eg contract formation, distance selling) are...

Direct marketing compliance—data protection—checklist

Direct marketing compliance—data protection—checklist This Checklist is intended for private sector commercial organisations in the UK. It is intended as a mini self-assessment of your direct marketing systems from a data protection perspective. It reflects the Information Commissioner’s Office (ICO’s) Direct marketing checklist. For each item on the Checklist, further ICO guidance is provided, together with links to relevant ��Ӱ��® tools and materials. This Checklist is not intended for organisations that make live direct marketing calls about claims management services or pension schemes. ICO expectation Additional ICO guidance and ��Ӱ��® materials ☐ Define and allocate responsibility for compliance with data protection legislation and Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426 when carrying out direct marketing activities or roles You should clearly allocate responsibility for the oversight of data protection when carrying out direct marketing activities.Where appropriate you should have steering groups to monitor performance in data protection and discuss relevant issues.You should have reporting lines and effective links between key roles to ensure a...

New and updated content 2023—Practice Compliance [Archived]

New and updated content 2023—Practice Compliance [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. For more information, see subtopic: New and updated content in Practice Compliance. This Practice Note tells you, on a month-by-month basis, whether we have made substantive amendments to existing content or published new content in Practice Compliance in 2023. This content may have been added or amended to reflect regulatory changes or as part of our ongoing content development. December 2023 New or updated? Content Comments New Practice Note: Responding to a data subject access request—information identifying other individuals Content development New Practice Note: Responding to a data subject access request—protecting third party rights Content development Updated Practice Notes:—Designation of sanctions targets under the UN sanctions, UK sanctions and EU sanctions regimes—Financial sanctions—offences Updated for Russia (Sanctions) (EU Exit) Amendment (No. 4) Regulations 2023. Updated Practice Note: Sanctions regime—Russia Updated for The Russia (Sanctions (EU Exit) (Amendment) (No. 4) Regulations 2023 in relation to new reporting obligations for relevant firms...

Discover our 47 Practice Notes on electronic mail

Employee Benefit Trust Deed

Employee Benefit Trust Deed FORTHCOMING CHANGE: On 30 October 2024, as part of Autumn Budget 2024, and following a consultation undertaken between 18 July 2023 and 25 September, it was announced that a number of changes were being made to the taxation Employee Benefit Trusts (EBTs). These changes have effect from 30 October and have been published for inclusion in Finance Bill 2024–25. They are legislating to ensure that persons connected to a participator must be excluded from benefit from an EBT for the lifetime of the trust in order for inheritance tax (IHT) exemption to be available, requiring a settlor to have held shares for at least two years prior to settling them into an EBT in order to obtain IHT exemption, and introducing a provision that no more than 25% of employees who are able to benefit from income payments under an EBT can be connected to participators in order for the EBT to benefit from favourable IHT treatment. This Precedent has been amended based on...

Invitation to tender―restricted procedure

Invitation to tender―restricted procedure FORTHCOMING CHANGE: On 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) come into force. Procurements begun on or after that date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. [Insert name of Contracting Authority] Tender for [Insert name of Procurement Exercise] Tender Reference: [Insert the Contracting Authority’s tender reference number] Date of Issue: [Insert date] Part 1―Invitation to tender―restricted procedure 1 Definitions 1.1 In this...

Dive into our 14 Precedents related to electronic mail

Do we have to provide an opt-out under the UK GDPR when we send an newsletter-style email to individuals comprising regional news and updates on events? We have already identified our lawful ground for processing to be legitimate interests.

Do we have to provide an opt-out under the UK GDPR when we send an newsletter-style email to individuals comprising regional news and updates on events? We have already identified our lawful ground for processing to be legitimate interests. Direct marketing opt-out The obligation to provide a marketing opt-out is imposed by Article 21 of the UK GDPR. It applies where personal data is processed for direct marketing purposes. The right (to object to personal data being processed for direct marketing) should be explicitly brought to the attention of the data subject and presented clearly and separately from any other information. See Practice Note: How to handle personal data for direct marketing, in particular the section ‘Understanding the right to opt-out or object’. It is therefore necessary to consider whether your intended communication involves processing personal data for direct marketing purposes. What is direct marketing? Direct marketing means the communication (by whatever means) of advertising or marketing material which is directed to particular individuals. See Practice Note: Direct marketing compliance,...

Is an employee of a company a corporate subscriber for the purpose of direct marketing under PECR 2003?

Is an employee of a company a corporate subscriber for the purpose of direct marketing under PECR 2003? This Q&A explains whether the electronic mail direct marketing requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426 (PECR 2003) apply to employees of corporate entities such as limited companies and limited liability partnerships (LLP). It also explains the overlap with Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR). Why does this matter? Any direct marketing activity that uses personal data is caught by the data protection regime, ie the UK GDPR and the Data Protection Act 2018 (DPA 2018). Where the direct marketing is carried out using electronic means (phone calls, emails, etc) it is also caught by PECR 2003. However, the most challenging requirements in PECR 2003 do not apply to electronic mail marketing to corporate subscribers. It is important to understand that where PECR 2003 does apply, this is in addition to (not instead of) the UK GDPR. PECR 2003 In most...

See the 6 Q&As about electronic mail

Supreme Court slices Sky’s trade marks (Sky v Skykick)

IP analysis: The Supreme Court has restored the judgment of Mr Justice Arnold (as he then was)—Sky acted in bad faith when applying for overly-broad trade marks. Those trade marks were therefore partially invalid (to the extent that Sky did not intend to use them). The Supreme Court has also approved the High Court’s narrowing of Sky’s specification. However, Skykick’s appeal against the finding that it infringed was dismissed. This decision, of the highest authority, has clarified that a lack of intention to use a trade mark for goods or services included in the application can provide the basis of a bad faith invalidity challenge. The judgment provides guidance on the circumstances in which this type of bad faith will be established. Written by Giles Parsons (partner), Bonita Trimmer (consultant) and Alice Elliott-Foster (associate) at Browne Jacobson LLP.

Supreme Court finds Sky applied for trade marks in bad faith (SkyKick UK Ltd v Sky Ltd)

The Supreme Court has sided with the High Court in finding that Sky has applied for its trade marks in bad faith and that the procedure the court adopted in making the decision at first instance was not unfair, reversing the Court of Appeal’s findings. However, it agreed with the Court of Appeal’s finding that, on the basis of the narrowed specification of goods and services, Cloud Migration, SkyKick’s email migration product and service, did not infringe Sky’s trade marks. In the judgment, the Supreme Court also clarified that Regulation (EU) 2017/1001 (the EU Trade Mark Regulation) continues to have direct effect in the context of proceedings pending before a UK court which has been designated as an EU trade mark court prior to IP completion day. Giles Parsons, partner at Browne Jacobson, shares his views on the decision.

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