In email marketing...

what is meant by “consent”? 

The law takes a limited view of what is meant by consent; although it does not need to be in writing, it must nevertheless be a clear and positive indication of agreement to email marketing.

So the opt-out – “tick this box if you do not wish to receive marketing emails” – will not suffice.  The new standard is opt-in – “tick this box if you want to receive email marketing material”.

what is a “soft opt-in”? 

There is also the “soft opt-in”.  This means you can send marketing emails to an existing customer so long as you only advertise your own products and they are largely similar to the products the customer has been interested in previously.

how do the rules apply to business subscribers? 

The Privacy and Electronic Communications regulations are designed to reduce spam to individual subscribers.  Business subscribers are not included.  If you want market by email “business to business” the regulations do not apply.  But beware sole traders and unincorporated bodies such as partnerships, they are  likely to be still classed as “individual subscribers” and the regulations will apply.

Make sure that you can identify corporate subscribers and separate them from sole traders and unincorporated bodies before you undertake email marketing.