For marketers, there are many opportunities to send advertising emails,
e-mail newsletters
, etc. to customers every day. In such cases, you may often hear terms such as opt-out and opt-in. However, if you only have a vague understanding of these words, you may unknowingly violate the law and risk being subject to penalties. Before you send an email, you must know this. In addition, the correct information must be included in the text as required by law.
This time, we will introduce an overview of opt-out, which is one of the essential knowledge when sending emails, related laws, and etiquette that is essential when marketing.
What is opt-out?
Opting out has two main meanings. One is for a business to send advertisements or promotional information to users for business purposes by e-mail or other means without obtaining permission from the user.
Another meaning is to indicate the user’s intention to refuse to receive advertising emails. The procedure for removing users from a mailing list or unsubscribing from e-mail newsletters in order to voluntarily refuse to receive them is also called opt-out. In English, “Opt”
It is written as “Out” and has the meaning of “withdrawing from membership.”
In recent years, as the amount of spam email has increased, regulations have also been tightened. When businesses send emails to customers or prospective customers, they cannot just do so blindly; they must comply with the regulations stipulated by law, such as obtaining user consent.
At that time, the minimum knowledge required is the meaning and mechanism of opt-out, and the difference from opt-in.
What you need to know about opt-in along with opt-out
To better understand opt-out, let’s also check how it differs from “opt-in.”
“Opt-in” means “to join/become a member.” It can be said to be the antonym of opt-out.
Opt-in refers to asking users for permission in advance to send advertising emails, etc. It also indicates the user’s intention to allow the receipt of advertising emails, etc.
Recently, business contact forms include text and checkboxes asking for consent, such as “Can I send you e-mail newsletters in the future?” and “Do you want to receive necessary information by e-mail in the future?” There are some things you can do. This means that we are asking the user for consent to send promotional emails in the future to the email address they have given us. This is an opt-out.
Businesses are only able to send advertising emails after users indicate their intention to receive them.
How opt-out and opt-in systems work
Next, let’s take a look at how opt-up and opt-in work as email sending methods.
Opt-out method
With the opt-out method, senders are free to send emails in principle. You can freely send advertising emails to the acquired email address. If the recipient feels that it is not necessary, they will indicate their intention to opt out and take steps to unsubscribe.
Opt-in method
With the opt-in method, even if the sender knows the user’s email address, they cannot send advertising emails without the user’s consent. Advertising emails can only be sent to users who have indicated their intention to receive advertising emails in advance.
In an opt-out method, the control lies with the sender, whereas with an opt-in method, the control lies with the receiver. Therefore, the opt-in system makes it easy for users to complain when they receive an email they do not recognize.
From opt-out to opt-in
In Japan, there is a law called the “Act on the Proper Transmission, etc. of Specified E-mail”, or the “Specified E-mail Law” for short. In the general public, this is sometimes referred to as the “spam mail law.”
The Specified Email Act has been revised in recent years, and when sending advertising emails, the opt-out method is prohibited, and the opt-in method is now required. Let’s learn about the contents of this amendment.
What is a specified email?
Specified e-mail is defined as “e-mail sent by a sender who is a for-profit organization or individual in the case of business” as a means of advertising or promoting one’s own or another person’s business. is.
For example, if the content of an e-mail is intended to advertise or promote information regarding business services, products, etc., it is clearly considered to be a specified e-mail.
It also includes messages on SNS that direct you to advertising websites. I will explain the details later.
What is the Specified Email Law?
The “Act on the Proper Transmission of Specified E-mails, etc.” refers to the fact that the number of spam emails sent to PCs, smartphones, etc. via the Internet continues to increase, and the Japanese government has been enacting this law since the beginning of 2019 as a countermeasure against spam emails. This law was enacted in 2002. Since then, the law has been amended repeatedly, with regulations and penalties strengthened.
Law revisions in 2008 (Heisei 20)
In 2007, along with the overall increase in spam email, the methods used were becoming more malicious and sophisticated, and the current regulatory methods were becoming obsolete, and the number of spam emails from overseas increased rapidly. In light of this, revisions to the Specified E-mail Law were considered. A bill to revise the Specified Email Law was formulated in February 2008 and came into effect on December 1st of the same year.
There are three main points in this law revision.
1. Introduction of regulations through opt-in system
Except in certain cases, such as sending to users with whom we already have a business relationship, we will only allow advertising emails to be sent to users who have given their consent in advance. Until now, there was an opt-out system, which allowed businesses to send emails to users without their consent, but this is now prohibited. In other words, sending without consent is a violation of the law and penalties will be imposed.
2. Strengthening the effectiveness of laws
Transmission contractors have been newly added to the scope of report collection and on-site inspection by the Minister of Internal Affairs and Communications. A sender is a person who requests sending an email. If a transmission entruster is responsible for inappropriate transmission, it is now possible to order necessary measures.
Penalties have also been strengthened, such as increasing fines for corporations from 1 million yen or less to 30 million yen or less.
3. Strengthening international collaboration
We have decided to strengthen cooperation with other countries and work to combat spam mail. It is now possible to provide information necessary for foreign enforcement authorities responsible for combating spam mail to carry out their duties.
Opt-out etiquette that marketers need to know
From what I’ve seen so far, you’ve probably come across things that make you feel uneasy, such as “I’m trying to send out an email newsletter, but is it okay?” and “What should I do when sending campaign emails?” I think there are many.
From here, we will introduce how marketers should actually respond and how to opt out.
The main premise is that as we have explained so far, only the opt-in method is currently allowed when sending advertising emails, so please do not send them without permission without consent. In addition, there are certain matters that must be included in the body of the advertising email, including the “opt-out method.” You should also know about it.
1. Advertising emails can only be sent using the opt-in method.
As mentioned above, when sending advertising emails, etc., you must obtain the user’s consent. Only opt-in methods are allowed. Therefore, we first obtain some form of user consent. In the inquiry form that collects email addresses, we ask for your consent to the following statement: “Can we send advertising emails to the email address you just entered in the future?” Add a checkbox and check it. It is common to have a system such as asking for a refund.
Another option is to solicit subscriptions to your email newsletter and send emails only to those users who have applied.
2. Opt-in rules apply not only to “advertisement emails”
It is important to note that the opt-in method is not only applicable to advertising emails.
The following items are also considered to be sent “as a means” for advertising or promotion, and are therefore classified as specified e-mails under the Specified E-mail Law.
Email directing to advertising website
E-mail whose purpose is to lead to a website that advertises or promotes information regarding business services, products, etc.
Emails that lead to a website for business purposes under the guise of other purposes
E-mails that attempt to lead you to a website for business purposes by pretending to be an invitation to SNS (Social Network Service), a notification of winning a sweepstakes, an email from a friend, a contact from another member on a membership site, etc.
Short messages etc.
Services that send and receive messages between mobile phones, smartphones, tablets, etc. using phone numbers, such as short message service (
SMS
), are also one of the email communication methods stipulated in the Specified Email Law. In principle, sending advertising emails using these services is also subject to regulations under the Specified Email Law.
Also, when sending information to users on SNS, advertising messages must be sent in accordance with the opt-in method.
[Exception] However, the following e-mails are not considered to be specified e-mails because they cannot be considered to have been sent as a means of advertising or promotion.
- Emails that are administrative communications explaining transaction conditions or notices related to business relationships, such as billing notices, that do not contain advertising or promotional content, nor do they lead to advertising or promotional websites.
- Emails that are simply seasonal greetings and do not contain advertising or promotional content, nor do they lead to advertising or promotional websites.
- When sending to someone with whom you have a business relationship
(However, please note that if the e-mail being sent is an e-mail advertisement for mail-order sales, etc., the Specified Commercial Transactions Act applies, so it cannot be sent without request and consent.)
- When sending to a person who has notified his or her e-mail address in writing such as a business card
- The following advertising email is sent to users who have provided their email address.
- When sending your e-mail address to someone who has published it on the Internet
(However, please note that if the e-mail being sent is an e-mail advertisement for mail-order sales, etc., the Specified Commercial Transactions Act applies, so it cannot be sent without a request and consent.) -Consent E-mails for confirmation – E-mails notifying matters related to the performance of contracts or transactions, which are accompanied by advertising – E-mails using free mail services, which are incidental (In the case of individuals, this is limited to individuals who are running a business.) (However, if a request is made not to send advertising emails at the same time, please consent. )
Please familiarize yourself with these regulations and be careful when sending any emails or messages to users.
3. Specifying “opt-out method”
When sending an advertising email with the consent of the recipient user, there are some items that must be included in the body of the email. One of them is the “opt-out method.”
No matter how much consent has been obtained, if a user decides that the advertising email is unnecessary, they can freely opt out. Therefore, the opt-out method must be clearly stated in the body of the email so that you are free to refuse the delivery.
If the recipient refuses to send advertising emails, you will no longer be able to send advertising emails.
Specifically, we will include the necessary contact information and a link to the unsubscribe form in an easy-to-understand place within the text. It is said that if you write it in a place that is difficult to understand, you may be in violation of the law.
4.Display of sender’s name, address, etc.
The Specified E-mail Law requires that in addition to specifying the opt-out method, sender information such as the sender’s name and address must be displayed.
At this time, it is important to note that it is not permitted to write “Sender information here” and the linked web page and display it on that web page. It must be written directly in the text.
5. Display of telephone number or email address for inquiries
The Specified E-mail Law also requires a telephone number and e-mail address for receiving inquiries, complaints, opinions, questions, etc.
This information may be displayed on a web page by including a link to the web page such as “Click here for inquiries” in the body of the email.
6. Penalties for violations
Under the Specified Email Law, there are penalties for violating the Specified Email Law by distributing advertising emails to users who have refused to receive them or who have not obtained their consent, or by sending emails without specifying sender information. You will be fined.
Violators will be notified to take measures to improve their sending methods, and if they continue to send emails in defiance of such action orders, individuals will be subject to up to one year in prison or a fine of up to 1 million yen.
In the case of a corporation, in addition to punishing the offender, the corporation will be subject to a fine of up to 30 million yen.
7. It is also mandatory to keep records proving consent.
We explained that before sending advertising emails, it is necessary to obtain the consent of the recipient to send the email. The Specified Email Law also stipulates that it is necessary to keep a record of the consent obtained.
What is saved is “a record showing the circumstances when consent was obtained for each individual e-mail address (such as when and how).”
If the sender, etc. presents a written document, sends an email, or transmits a message from a website when obtaining consent, in addition to the list of email addresses, the following may also be included: is.
- If a document (including fax) was presented when obtaining consent → routine matters stated in the document
- If an e-mail was sent when obtaining consent → Standard matters in the e-mail correspondence
- When obtaining consent, if a message is sent from a website → Standard items in the message (items displayed on the website)
The retention period is one month from the date on which the last promotional email related to record retention was sent. However, if you receive an order to take measures based on the Specified Email Law, you will be required to store the information for one year.
[Additional information]
If the advertising email you send falls under the category of mail-order email advertising under the Specified Commercial Transactions Law, you must retain the necessary records for the necessary period in addition to the records explained above. If applicable, you should also be aware of the Specified Commercial Transactions Act.
8. Pay attention to the Specified Commercial Transactions Act and the Personal Information Protection Act
When sending advertising emails, it must be sent correctly in accordance with the Specified Email Law. However, that doesn’t mean you just have to follow it. Emails must be sent as necessary based on the Specified Commercial Transactions Law, and all email sending businesses must comply with the Personal Information Protection Law.
Specified Commercial Transactions Law
The Specified Commercial Transactions Law applies to e-mail advertisements such as mail order sales. E-mail advertising to anyone without request or consent is prohibited, and there is an obligation to create and preserve records of request and consent. There is also a prohibition on e-mail advertisements and an obligation to display them to those who refuse to receive them.
Personal information protection law
The Personal Information Protection Act is a law that all businesses that handle personal information, including email, must abide by. When sending email newsletters, etc., we handle combinations of reader information such as name, company name, email address, etc., which falls under personal information and is subject to the Personal Information Protection Act.
For example, when obtaining an opt-in for an e-mail newsletter, it is necessary to clearly state the purpose of use of personal information and to communicate that the information will not be provided to a third party without prior consent from the person.
Examples of items that must be displayed in advertising emails based on the Specified Email Law
In fact, when creating an advertising email, there are certain items that must be displayed, so it may be confusing if this is your first time. Therefore, we will introduce examples of display items that must be displayed based on the Specified E-mail Law.
(1) Sender information (name or title of sender, etc.)
Specify the sender’s name or name. If the sending of e-mail is outsourced to another company, the name of the sender or outsourcer who is responsible for sending the e-mail will be indicated.
(2) Notification of refusal of reception can be made.
This message will inform you that you can opt out of receiving this email if you wish. This should appear immediately before or after the recipient of the unsolicited notification. It must be displayed in a place where it can be easily recognized by the recipient.
(3) Email address or URL for receiving notification of refusal of reception.
You will need to enter your email address and URL to receive notification of rejection. There is no problem with setting up a link instead of just writing the URL in the body of the page.
However, in the case of a URL, the necessary information for refusing reception must be clearly and plainly provided at the link destination, and necessary measures must be taken so that notification of refusal can be easily made. . In other words, it is a violation of the rules to complicate the structure of a message so that it is difficult to refuse reception, such as asking for confirmation multiple times or intentionally making it difficult to understand how to refuse reception.
(4) Address of sender, etc.
Specify the address of the sender or the person responsible for sending the information.
(5) Telephone number, e-mail address, and URL for receiving inquiries and complaints.
Please specify either the phone number, email address, or URL for inquiries. For this item, you can also specify the contact information in the link.
summary
- Opt-out has two main meanings: One is when a business sends advertisements or promotional information to users for business purposes by email or other methods without obtaining the user’s permission. . The other is to indicate the user’s intention to refuse to receive advertising emails.・The “Act on the Proper Transmission of Specified E-mails, etc.” was amended in 2008, which prohibits the opt-out method when distributing advertising mail and stipulates that it must be sent using the opt-in method. Ta.・Opt-out etiquette that marketers should know: 1. Advertising emails can only be sent using the opt-in method, 2. Opt-in rules apply not only to “advertisement emails,” and 3. 4. Display of sender’s name, address, etc., 5. Display of telephone number or email address for inquiries, 6. Penalties for violations, 7. Obligation to keep records proving consent. , 8. The Specified Commercial Transactions Act and the Personal Information Protection Act may also be taken into account.
- The Specified E-mail Law has exceptions for advertising e-mails, so you must check carefully whether they apply. You should also pay attention to the Specified Commercial Transactions Law and the Personal Information Protection Law, and send emails in accordance with both laws.