What wording should be used for email agreements used by third parties?

  • 9.9

    9.9 The telephone, text messages, email, telemessages, facsimile, automated calling systems and other electronic data communications must not be used for promotional purposes, except with the prior permission of the recipient.

Clause 9.9​ of the Code prohibits the use of email for promotional purposes unless with the prior permission of the recipient.

If companies use a third party to email promotional material it is essential that they scrutinise the wording of the agreement used to gain permission to send such material. The agreement should form part of the relevant job bag and must be such that health professionals were able to give fully informed consent.

The wording must make it abundantly clear that agreement would result in the receipt of promotional emails. Lack of clarity in the wording is likely to lead to a breach of the Code.

Guidance
2021 Q&As by Topic OR Clause