E-mail newsletters
are an effective way to introduce your company’s new products and services, but did you know that there are strict rules for using your customers’ e-mail addresses? Customer names and email addresses are protected by law as personal information.
This time, we will explain the opt-in/opt-out that you should be careful about when distributing e-mail newsletters and advertising emails, as well as the laws that have been enacted to protect personal information.
Personal information cannot be used without permission
In order to understand the opt-in/opt-out that you need to be careful about when distributing e-mail newsletters to customers, etc., you must first understand the laws related to personal information and protection.
- What is personal information?
The Personal Information Protection Act defines personal information as follows: “In this Act, “personal information” refers to information regarding a living individual that falls under any of the following items. (1) Any information that can identify a specific individual based on the name, date of birth, or other descriptions contained in the information, written or recorded, or expressed using voice, movement, or other methods. (ii) Items that include a personal identification code” *Article 2 (excerpt) of the Act on the Protection of Personal Information
To explain this a little more clearly, personal information includes the following items.
- full name
- Email address that can identify the person from the domain (company name) and name
- Personally identifiable photos, video images, audio recordings, etc.
- Information about individuals published on the Internet, official gazettes, telephone directories, etc.
- All information associated with your name, etc.
In other words, all information that can identify an individual falls under personal information and is subject to protection under the Personal Information Protection Act. When a company acquires personal information, it must notify and publicize the purpose of use of the information to the person concerned, and when passing the information on to a third party other than the person, it is generally necessary to obtain the consent of the person in advance. The Personal Information Protection Act is a law that aims to protect the rights and interests of individuals while giving due consideration to the usefulness of personal information.
What is opt-in/opt-out?
So, what are the rules regarding opt-in and opt-out regarding email, including newsletters? This is stipulated in the “Act on Optimization of Specified Email Transmission, etc.” that came into effect in 2018.
- opt-in
Emails or newsletters containing advertising or other content can only be sent to those who have given consent (opt-in) in advance. Opting in means “accepting receipt.”
For example, when you apply for a credit card on a credit card company’s website, there may be a checkbox that allows you to select whether or not you would like to receive “great shopping information” via email. This is how you ask your customers to opt-in.
Companies are required to clearly state that the emails they send to customers are for advertising purposes, and to record the date, time, and method of opt-in consent. As explained in the Personal Information Protection Act, when a company acquires personal information (in this case, an email address), it must notify the person of the purpose of its use and cannot use it without permission.
However, there are exceptions to this.
For example, if an email address is written on the business card exchanged during a greeting, emails and newsletters containing advertising and other content can be sent to this address without going through the opt-in process. Opting out is important here.
In addition, when a company sends an e-mail or e-mail newsletter that contains advertisements, etc., the recipient should easily request cancellation (opt-out) by providing company information, details on how to cancel, and an cancellation link. It is mandatory to include it in the text. If a cancellation request is received through opt-out, the sender will not be able to send any further distribution.
If you violate the above laws, you may be subject to imprisonment for up to one year or a fine of up to 1 million yen (up to 30 million yen for corporations).
The importance of complying with laws regarding personal information protection and email delivery
Laws related to the handling of personal information have been strengthened (revised Personal Information Protection Act) after a major correspondence education company leaked approximately 35.04 million customer information in 2014. In line with this, companies that handle personal information, including email newsletter distribution, are required to ensure opt-in and opt-out practices.
Companies that fail to comply with social norms will eventually lose the trust of their customers and will be unable to continue their business. Don’t underestimate us by thinking that it’s just an e-mail newsletter distribution. Make sure to demonstrate that your company respects individual rights and laws and contributes to society.
summary
◆All information that can identify individuals, such as names and email addresses, falls under personal information and is subject to protection under the Personal Information Protection Act.
◆When a company acquires personal information, it must notify the person of the purpose of its use and cannot use it without permission.
◆Opt-in is the process of accepting the receipt of advertising emails and newsletters.
◆Opt-out is a procedure in which the recipient of an email requests to stop receiving the email and refuses to receive it.
◆Companies are obligated to clearly specify the cancellation method so that recipients can easily opt out.
◆With the enforcement of the revised Personal Information Protection Act, companies that handle personal information are required to ensure opt-in and opt-out practices. Companies that fail to comply with social norms will lose the trust of their customers and will be unable to continue their business.