In the digital age, sending emails and SMS messages is a common practice for businesses to stay connected with their clients. While marketing communications often come to mind first, non-marketing communications play a crucial role in maintaining ongoing customer relationships.
Non-marketing communications might include appointment reminders and confirmations or essential service updates. Unlike marketing messages, non-marketing communications do not include an unsubscribe option, raising important considerations regarding legal compliance.
When to use non-marketing
Non-marketing emails and SMS messages are designed to provide recipients with information that is necessary or pertinent to services they are currently using or have subscribed to.
Because these messages are informational rather than promotional, they are generally exempt from the requirements that apply to marketing emails, such as including an unsubscribe link.
🚨 This exemption doesn't free senders from the responsibility of adhering to local laws regarding electronic communications.
Compliance with your local laws
The rules governing the sending of non-marketing electronic messages vary significantly from one jurisdiction to another.
In many regions, such as the European Union under GDPR or Canada under CASL, even non-marketing messages require the recipient's consent if they contain any element that could be construed as promotional. In contrast, other regulations may allow for more leniency with transactional or service-related communications.
Here are key points to ensure compliance when sending non-marketing communications:
Consent: Ensure you have proper consent to send emails or SMS messages. For non-marketing communications, implied consent may be sufficient, such as when a customer provides their contact information while making a purchase or booking a service.
Clear and concise: Keep your messages clear and focused solely on the necessary information. Avoid including promotional content in messages that are meant to be transactional or service-related, as this can blur the lines between marketing and non-marketing communications.
Right to opt-out: Although not always legally required, it's good practice to offer a way for recipients to opt-out of even non-marketing communications. This can help manage their preferences and reduce the risk of frustration or complaints.
You can manually opt patients out of non-marketing communications using Medical Alerts. Click here for more detail
Stay informed: Laws and regulations can change, so it's vital to stay informed about the legal requirements in each area where your recipients reside. This includes understanding how different laws define marketing versus non-marketing content.
Implementing Best Practices
To maintain trust and ensure legal compliance, businesses should adopt best practices for all communications:
Regularly update your contact lists: Keep your contact lists up-to-date to avoid sending messages to those who have opted out or no longer use your services.
For example, archiving patients from Cliniko will prevent them from receiving future transactional emails. If they'd like to become an active client again, unarchive them.
Educate your team: Ensure that everyone involved in communications understands the difference between marketing and non-marketing messages and knows the legal standards for each.
Use reliable software: Utilise reputable platforms like Peptalkr that help manage communications appropriately and provide features to automate compliance where possible.
By respecting these guidelines, businesses can effectively communicate with their clients without the risk of legal pitfalls. Non-marketing communications, when done right, enhance customer experience and support your service delivery, making them an invaluable tool for any service-oriented business.