Can we legally add this person to our database? | Community
Skip to main content
Jennifer_Bishop
Jennifer_Bishop
Level 2
March 25, 2020
Question

Can we legally add this person to our database?

  • March 25, 2020
  • 3 replies
  • 6075 views

Hello - a contact was forwarded a webcast invite email from someone we had emailed in our database.  The forwarded contact is currently not in our database, but would like to be added to future webcast emails.  Unfortunately, we do not have a preference center yet, so adding in the contact could potentially mean they may receive other emails as well (events, training/product updates, etc.).  Although we don't send out a huge amount of emails that are event/product related, can we legally add them to the database if they are only requesting webcast emails?

This post is no longer active and is closed to new replies. Need help? Start a new post to ask your question.

3 replies

Darshil_Shah1
Community Advisor and Adobe Champion
Darshil_Shah1Community Advisor and Adobe Champion
Community Advisor and Adobe Champion
March 25, 2020

No, this is illegal as you're adding the user to your mailing database without their knowledge and consent. Even if you do not have the legal consequences you could be reported to any of several Spam policing agencies. If that happens, not only could your own email service be shut down, but the email server of the company hosting your email (e.g. AOL) could be shut down. And once you're shut down, it's a long uphill climb to getting service again. You're on the list and no one wants to provide your email service.

 

Ref Links: https://www.campaignmonitor.com/resources/guides/understanding-emails-laws-regulations/#one

https://mailchimp.com/help/examples-of-compliant-and-non-compliant-lists/

 

 

 

SanfordWhiteman
SanfordWhiteman
Level 10
March 25, 2020

C'mon Darshil, you're not in a position to say whether it's legal or not. You don't even know the jurisdiction!

Darshil_Shah1
Community Advisor and Adobe Champion
Darshil_Shah1Community Advisor and Adobe Champion
Community Advisor and Adobe Champion
March 25, 2020

It might be legal/illegal based on the local laws, but IMHO it is not ethical. And this might get you marked as spam.

 

    Steven_Vanderb3
    Adobe Employee
    Steven_Vanderb3Adobe Employee
    Adobe Employee
    March 25, 2020

    Questions of legality would best be forwarded to your company's general counsel 😉

      SanfordWhiteman
      SanfordWhiteman
      Level 10
      March 25, 2020

      So you do have express consent for the person to receive some kind of marketing emails from you, but you don't have consent to data storage/processing, is that your worry?  

       

      Like Steven says, talk to your lawyer. The separate consent may or may not apply - depends on where you operate and/or where the person lives.

       

      Granular preference center control over different types of marketing (after someone is opted-in to marketing as a whole) is not mandated by any statute I've dealt with, though obviously if you present such controls you should honor them.

        Terms & ConditionsAccessibility statement

        Loading footer...