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Anti-Spam
Law Requirements
United States:
Law: Controlling
the Assault of Non-Solicited Pornography and Marketing Act 2004 (CAN-SPAM
Act 2004)
-Applies to all bulk commercial e-mail and
unsolicited messages and requires:
1) Working
return e-mail address
2) Valid
postal address for the sending company
3) Working
opt-out mechanism with opt-out list
4) Relevant
subject line
5) Concealment
of private consumer information
Italy:
Law:
Directive on Privacy and Electronic Communication (2002/58/EC)
-Unsolicited marketing to businesses, private
individuals or consumers requires:
1) Viewable
business identity
2) Valid
email address for opt-out option
3) Concealment
of private consumer information (under Data Protection Act 1998)
4) Published
privacy policy to comply with date protection and privacy regulations
-Unsolicited commercial communication is
prohibited to private individuals or consumers unless:
1) Distributor
must has a prior consent of receiver to send e-mail (opt-in) or
2) Email
sent with an opt-out option in context of existing customer relationship
England:
Law:
Directive on Privacy and Electronic Communication (2002/58/EC)
-See
Italy
Spain:
Law:
Directive on Privacy and Electronic Communication (2002/58/EC)
-See
Italy
France:
Law:
Directive on Privacy and Electronic Communication (2002/58/EC)
-See
Italy
-Required to implement
Directive by the end of June (2004) or face legal action from the European
Court of Justice
Germany:
Law:
Directive on Privacy and Electronic Communication (2002/58/EC)
-See
Italy
-Required to implement
Directive by the end of June (2004) or face legal action from the European
Court of Justice
Switzerland: Currently no regulation on SPAM email
Japan:
Law: The
Law on Regulation of Transmission of Specified Electronic Mail
Applies to all commercial transactions for
users and networks through electronic mail and requires:
1) Identification
as specified electronic mail
2) Sender’s
name and address
3) Sender’s
email address
4)
Opt-out email address with opt-out option
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