To date current legislation requires the following four points.

1. Unsubscribe Process

The recipient must be given a simple means of refusing (free of charge except for the cost of transmission) the use of their contact details for marketing purposes at the time of each subsequent communication. Therefore, one or more of the following methods for unsubscribing must be provided on every email:

• A URL link to click through to an unsubscribe page
• Replying to the message with unsubscribe in the subject line
• Invoking a new email to send that includes a customer ID

2. From Header and Subject Line - Transparency

The Data User (or Data Processor in the case of a hosted mailing) must ensure that their identity is clearly stated to the individual in the 'From Header'. The Subject Line should accurately reflect the subject, purpose and content of the message. Marketers should avoid deceptive prefixes in the Subject line, such as 'Re' or 'Fw'.

3. Email Footer

Following The Companies ( Registrar, Languages and Trading Disclosures) Regulations 2006, every email marketing message should now include the company registration number, country of registration, full postal and telephone contact details.

4. Privacy Policy. Use of Cookies and Web Beacons

In every email you must include:

• a clear link to the privacy policy of the Data Owner; and
• a clear link and comprehensive information on the cookie policy of the Data Owner where clear and comprehensive information about any cookie, clear gif, web beacon or similar device within the email is provided, including the purpose of any storage of and access to any information stored on the recipient's terminal equipment, and an opportunity for the recipient to refuse its deployment.

Best practice would be to rename the Privacy Policy link as "Privacy Policy and Use of Cookies" in order to raise the visibility of the use of cookies.