Regulation 22 provides that direct marketing unsolicited electronic communications can only be sent where the recipient has previously notified the sender that he consents to such communications, for the time being. However, the regulation’s consumer protection impact is lessened by the tripartite list of exceptions outlined in subsection 3. Firstly, direct marketing e-mails can be sent where the sender has obtained the contact details of the recipient in the course of the sale or negotiations for the sale of a product or service to that recipient. Secondly, the direct marketing only relates to similar products and services of the sender and lastly, the recipient has been given a simple means of refusing the use of his contact details and that means is free of charge except for the costs of transmission of the refusal message. This system has been described as a ‘soft’ opt-in regime. 

There are a number of serious concerns with this exception. The primary problem relates to the fact that direct marketing e-mails can be sent where the recipient’s contact details have been obtained by the sender during the course of the sale or negotiations for the sale of a prod英语论文网 【http://www.51lunwen.org】uct or service. At first glance this appears to be a reasonable restriction that takes into account the needs of both the recipient and the sender. However, on closer inspection it becomes clear that the provision is potentially destructive of a recipient’s privacy.

If we consider the situation of door-stop selling and telesales, if this provision were applicable, it would enable double glazing salespeople  to phone or visit potential customers, harangue them with an aggressive sales spiel and then conduct a follow up visit.

The provision entitles the recipient to refuse further communications and this is the nub of the problem. The potential customer is exactly that: a potential customer. If a person completes the online transactional process and buys a product or service, then that person is a customer of the company. In the euphoria of the post-purchase timeframe, where the customer is expectantly awaiting delivery of the product or service, the customer may not remember to tick the box prohibiting further commercial e-mails. When a subsequent e-mail does arrive, the customer simply replies stating that they are not interested in receiving further e-mails. In the case of potential customers, depending on how far they have progressed through the transactional process, they may have provided personal data such as a name and address or even reached the stage of inputting credit card details. If the pote 本文来自：英语论文网 【http://www.51lunwen.org】