When you deploy email marketing as an advertiser and allow publishers to refer visitors to your website from an email via a Daisycon link, it is crucial that both you and the publishers are well aware of the laws and regulations governing this. In addition, ensure that you comply with any specific local regulations for each country where you are promoting.
When is a publisher allowed to promote via mailing?
Publishers may only promote directly via email after they have completed the registration process with Daisycon. They must specify at registration that they want to promote via email.
We have a strong preferenece for e-mail databases that are double opt-in. E-mail databases with single or confirmed opt-in are not excluded in advance, but are subject to additional screening.
How does Daisycon audit email publishers?
After registration, every email publisher is sent a general questionnaire, which they are obliged to fill out and return. The list includes questions about:
- The composition of the email list and how consumer consent was obtained.
- The way in which consumers can withdraw their consent and unsubscribe from the newsletter.
- The design and identity of the newsletter.
- The manner in which you, as a publisher, promote your newsletter.
As an advertiser, you can view the completed questionnaires of all email publishers registered for the campaign in the Daisycon system. This allows you to easily inform yourself about the structure of the publisher's email list.
If the general questionnaire is not sufficiently answered, then a further, more specific check is carried out with targeted questions.
If a publisher does not comply with the applicable laws and regulations, they will not be granted access to our network. In certain cases, we have a publisher's methodology legally reviewed to ensure that they are acting in accordance with the regulations and guidelines surrounding email marketing.
Publishers have to declare in writing that the questionnaire has been filled out correctly. We adhere to the rule that if there is any doubt, we do not enter into a collaboration.
Single, Confirmed, and Double Opt-in
We distinguish three definitions for capturing consent: single opt-in, confirmed and double opt-in.
- Single opt-in: A consumer explicitly indicates on a website or another medium that they wish to subscribe to a newsletter with a publisher. We see this as the first instance of consent, known as single opt-in.
- Confirmed opt-in: If the publisher sends a confirmation email to the consumer clarifying what they are subscribing to, this is considered a confirmed opt-in.
- Double opt-in: If the consumer also has to confirm this email through a link (in the email) to be included in the publisher's email list, then the consumer has given double consent, known as double opt-in.
We expressly prefer this last option, the double opt-in.
Requirements for email content and unsubscribing
In addition to the requirement that the e-mail database is correctly generated, we also have strict requirements for the content of the e-mails and the way consumers can unsubscribe.
To check this, every email publisher has to send a sample of a newsletter as it will be sent to consumers. Here we check if the mailing is of good quality, if there is a clear difference between sender and advertiser's promotion and if the consumer has a clear possibility to unsubscribe.
Every e-mail should clearly state how the consumer can unsubscribe from the newsletter. This unsubscription should be free and easy.
Email Approval Tool
At Daisycon, we want to ensure that you can approve the way email publishers promote your campaign. Therefore, publishers must submit a preview of the email promoting your campaign via the email approval tool. This preview allows you to see how many people the email will be sent to, when the mailing will be sent (only if you approve the preview), and what it will look like.
If everything looks good, make sure to approve the preview so that the publishers know they can send the mailing on the specified date. If something does not look right, you can always disapprove of the preview. In that case, the publisher may not send the mailing. Always ensure you provide sufficient feedback when disapproving, so the publisher can make the necessary adjustments to get approval next time.
Useful Information and Guidelines
More information on laws and regulations concerning email marketing is available on the internet, look for national laws and rules. Below are some useful links:
France: https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000801164, https://www.cnil.fr/
Germany: https://www.gesetze-im-internet.de/, https://www.bfdi.bund.de In Germany, promotion is allowed only on DOI databases.
Netherlands: Telecommunicatiewet art. 11.7, DDMA richtlijnen, Marktautoriteit ACM