UK trails the field at enforcing digital marketing laws

by Alex Donohue, Brand Republic 09-Mar-06, 07:00

LONDON - A 17-nation survey by law firm Osbourne Clarke has found the UK is the weakest major country in Europe at enforcing email marketing laws.

The survey shows how widely Europe's interactive marketing laws vary from country to country -- as do the subsequent deterrents. The highest penalties for offences have so far occurred in France (£205,000) and Denmark (£154,000).

The survey found only one civil action case in the UK to date, resulting in a £270 fine. There have been no cases at all in Malta and Portugal, but more than 500 cases in Austria and 70 in Greece.

Osbourne Clarke also found that while the majority of EU states forbid unsolicited commercial emails to corporate addresses without prior consent, the UK was in the minority in allowing these on an opt-out basis.

Stephen Groom, marketing law partner at Osbourne Clarke, said: "This survey confirms what many feared, which is that UK digital marketing law enforcement is in crisis, with responsible marketers wondering why they are bothering to be compliant when they see their competitors riding roughshod over laws, gaining market advantage and suffering little or no penalty."

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