Information overload – the problem of unwanted emails

'Spam', junk email, unsolicited commercial communications – just some of the terms applied to often unwanted, indiscriminately sent emails fired out simultaneously to vast numbers of people – has increased dramatically over the past few years.

It has been estimated that 10% of UK emails are now 'spam'. The reason for its growth is its costeffectiveness. Sending 100,000 junk emails is far cheaper than sending traditional forms of direct mail. It is also highly effective. It has been claimed that one in four junk emails is opened by its recipient who then clicks through to the website, and that around 15% of these then go on to make a purchase.

However there are additional costs. Private users are having to pay for extra bandwidth and memory to deal with the additional, unwanted flow and the increase has a hugely disruptive and therefore costly effect on business. Employers are also now under a duty to provide their employees with a safe workplace free from harassment. Arguably this duty may be breached if pornographic or other offensive material reaches the employee's workstation and causes them distress.

In Europe, the issue was first addressed by the E-Commerce Directive, which came into effect in the UK last August. It requires unsolicited emails to be clearly and unambiguously identifiable, as well as identifying the party on whose behalf the email was sent. This information may be set out in the subject field or the body of the message itself. There are further requirements in the Directive for emails containing promotional offers, competitions or games.

The issue has also been tackled in the Directive on Privacy and Electronic Communications, which must be implemented in all European Union member states by 31 October this year. After much negotiation, the EU has decided that businesses may only send marketing emails and SMS messages to individuals who have given their consent. This will involve an "opt-in" procedure, where if the customer does not tick a box, the potential supplier cannot send its marketing emails to that person.

The less demanding "opt-out" procedure, where if customers do not tick a box then the potential supplier can send its materials, applies to businesses targeting existing customers. This is subject to certain conditions. Firstly, the customer's details must have been collected in the context of a sale by the business itself. Secondly, the customer must have been informed about the possible use of its data for future marketing at the time it was collected. Thirdly, the marketing must be for a "similar product" to that for which the customer's details were originally gathered. Finally, customers must be able to request the removal of their details from the mailing lists easily and free-of-charge.

The Directive makes it illegal not to provide an address to request that such communications cease. Senders will be barred from disguising or concealing their identity. Whether the Directive is effective remains to be seen. It has been argued that these EU measures will not be able to stem the flow of junk email from America, and most senders of 'spam' will carry on regardless.

In the meantime, businesses and individuals should be aware of some practical steps they can take to avoid unsolicited email

• Use filters wherever possible. For example, Microsoft's Hotmail tries to filter out an unwanted email before it reaches the user. Businesses can make use of appropriate anti-'spam' software as part of their general security package installed on their servers.
• Never reply to 'spam' email. This will indicate that your email address is "live" and may attract even more mail.
• Only reveal your email address where necessary, and think carefully before joining a mailing list.
• Consider setting up two separate email addresses – one for personal communications and one for joining emailing lists.
• Don't forward emails unnecessarily. Your email address may be copied from such messages. Certain software packages allow you not to reveal your full address when forwarding emails.
• Avoid putting your email address on a web page that can be seen by the world.