The Email Delivery Guru

This is not exactly email related -- but I thought I would share what I've read, as folks have asked about it.

There's a new EU privacy directive requiring marketers to obtain "explicit consent" before tracking website visitors using cookies. The directive took effect on May 25, 2011, but few EU member states have yet to comply. The Register reports that "Almost entire EU now violating Brussels cookie privacy law." Another article details how the UK fails to comply.

So, what comes next? It's hard to say. For now, I'd start thinking about opt-in consent and how that can be accomplished as it relates to online tracking of website visitors. It's a bit outside my area of expertise, but I'd suggest watching to see how the final recommendations end up being implemented in law, and following recommendations set forth by regulatory agencies and industry groups. But don't wait too long -- the UK's Information Commissioner's Office has announced have 12 months from May 26, 2011 for UK businesses to "get their house in order."

Also, always stick to opt-in consent for every possible type of tracking or marketing methodology, as much as technology allows. It's likely that even where opt-in consent wasn't previously required, it will be soon, or at some point in the future. Specific to the email side of things, ET has always required opt-in consent, so this shouldn't require changes in email practices for already-compliant clients.

Note: I am not an attorney and this is not legal advice.