A potential new client, a government agency, has brought up the following paragraph from the Privacy and Electronic Communications (EC Directive) Regulations 2003
This would seem to make CM's tracking (and that of all other email systems) illegal in the UK unless the tracking is explained in the communication, and a facility to opt out is given. Do you have any guidance on this I could show to my client? Is there a facility in CM to switch tracking off completely on an account?
Thanks for posting that, it has not been raised before with us. We don't have a way of turning it off right now (except of course by sending plain text), but I will make sure we investigate it to see what the situation is.
Having contacted the Information Commissioner's Office here in the UK, it sounds like as long as we inform recipients about the tracking we're within the regulations.
For picky clients we're going to add something like this to the top of campaigns:
"Privacy: Viewing images or clicking links in HTML emails can make your actions trackable - we promise not to do anything evil with this info if you do!"
Great information Garve, thanks for passing that one.
Great investigation Garve.