The new directive introduces new controls on e-mail and SMS marketing; it stipulates that the sending of unsolicited email and text messages to individual subscribers (not cooperate subscribers) without their prior consent will be made a criminal offence and abusers of this law could be fined or penalised in a court of law.

Under the new directive you are still permitted to use email marketing to communicate to corporate subscribers. However you are compelled to include a un-subscribe facility whereby the subscriber can opt out of receiving any future correspondence from your company.

The best strategy is to operate permission based campaigns, as it still not clear if the corporate rule of the directive will always remain. It is you're responsibility to keep your database up to date with regard to each individual or corporate subscriber, as it will be your company's reputation that is at risk.