Translation: Dutch » English
Prepare for the SPAM law banning what goes on 1-10-09
[Johan VisserPowerNetworkerVerified Safe Networking] [23-Sep-09 1:01 pm] [Message] [edit] Post this page to Twitter. Optionally highlight text before clicking this button.
Ecademy Dear colleagues,
As a marketing professional, I regularly get questions about sending commercial email messages. What you want is not natural as the sender that your message reaches a SPAM. But ... what you want is not on top yet received a penalty.
Now there is a lot of change October 1. For anyone in his company is busy collecting data, including email addresses. Read the following information and translate it to your own organization.
Do you need help or have questions? let me know.
Greetings and success!
Johan Visser
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The legal ban on spam
1. What does the ban on spam?
2. If the spam ban extended?
3. Where can I get a spam complaint?
4. Does the Dutch ban on spam sending messages abroad?
The content of messages and spam messages. Specific cases.
5. What content is spam?
6. What are the requirements to meet a message not to be spam?
7. Which messages may be spam?
8. Do I have a message sender and the actual call?
9. Do I have any message afmeldmogelijkheid an offer?
10. Is a press release under the ban spam?
About the recipient of messages and spam messages.
11. Should the recipient permission before I send a message?
12. What is a customer relationship?
13. If there is a similar service "or a" similar product "?
14. Can I send messages to my clients without permission?
15. Can I e-mail address of someone who has requested information (or a prospect)
places on the mailing for sending such a newsletter?
16. Can an employer say to continue to receive unsolicited messages?
Responsibility for the sender of a (spam) message.
17. Who counts as senders of spam?
18. Can a supplier of e-mailadressen/telefoonnummers also violated the ban on spam?
19. I send spam to a sale if I just use to address file
to send messages to?
20. Sender of messages should I prove I have obtained explicit permission?
1. What does the ban on spam?
The ban on spam is governed by the Telecommunications Act (Article 11.7). It is prohibited without permission unsolicited electronic messages (SMS, MMS, e-mail messages on social networking sites, etc.), faxes and messages generated by an automatic call system with a commercial, charitable or non-content to send (see also response to Question 5). Also, all messages (sent with or without permission) to provide a afmeldmogelijkheid and the sender name (see also the answer to question 6).
2. If the spam ban extended?
By October 1, 2009. From that moment means that companies that receive a spam complaint at www.spamklacht.nl. Companies can only complain about spam they have received on or after October 1, 2009!
3. Where can I get a spam complaint?
Consumers can already use the site www.spamklacht.nl. After October 1, 2009 Companies can also visit this website.
4. Does the Dutch ban on spam sending messages abroad?
The Dutch ban on spam senders of messages and sponsors in
Netherlands are. For sending messages to countries within the European
Economic Area (the countries of the European Union supplemented with Iceland, Norway and Liechtenstein) are simply the Dutch rules.
If you send messages from the Netherlands to entrepreneurs or companies in a country outside the
European Economic Area other than apply the rules of the country where the
receiver. Send messages to Japan for example? Then you must therefore keep to the rules for posting in Japan.
5. What content is spam?
There are three types of spam messages. If the message one of the following characteristics - and was sent without permission - the law says that spam is:
• commercial: most spam messages attempt (directly or indirectly) a product or service
sell. Note: also indirectly promote the image of a commercial company (see
also the answer to question 11). The sending of messages which the receiver
pay, may be commercial. The commercial concept is so broad interpretation.
• charity: such charities ask for a contribution.
• ideal Messages from unions or political parties that such an idea you want
submit or to refer to an ideal or belief.
6. What are the requirements to meet a message not to be spam?
When commercial, charitable or idealistic send messages, you must meet the following requirements
requirements:
1. The recipient must have given consent;
2. receiver who should see messages coming;
3. The recipient must show how and to whom he can unsubscribe if they no longer wish to receive these messages.
7. Which messages may be spam?
Spam messages are always sent via an electronic channel. They are received as follows:
• via e-mail;
• using a mobile phone (SMS or MMS);
• by fax;
• by phone, when you receive a call from an automatic call system (a
computer);
• through 'social networking' sites (eg Facebook, MySpace and Facebook);
• using a different electronic channel, the technology of the Internet is in full swing.
Characteristic of a spam message that the recipient is not authorized to receive the message. (see also the answer to question 6).
8. Do I have a message sender and the actual call?
A sender, for each message sent his or her true identity state. The use of an alias or pseudonym is prohibited.
9. Do I have any message afmeldmogelijkheid an offer?
In each sent message the option to unsubscribe are. This applies to posts that permission has been acquired for messages sent to a customer.
10. Is a press release under the ban spam?
It is possible that a press release falls under the spam ban. The law prohibits the sending
messages with a commercial purpose. A commercial purpose is not just (trying) to sell a product or a service but also (in) direct promotion of a company.
11. Should the recipient permission before I send a message?
Before anyone can send messages, the recipient must 'express' and 'informed'
consent. "Express" means that such a receiver itself a cross on a (web) form must correct or "yes" to fill. A provision in the terms is not "explicitly". It should be clear where exactly to whom the recipient consent.
Clarification from the receiver by the sender properly informed. Vague descriptions such as "you give consent to receive e-mails from the company and partners' are not 'informed'.
12. What is a customer relationship?
There may be a client relationship when a product or service is sold. This depends on the circumstances of the case. You do not advance to a customer's permission, if you want to send him a message with a commercial, charitable or idealistic nature. See also Question 6.
13. If there is a similar service "or a" similar product "?
To determine that there is a similar service or a similar product should be assessed to the customer (recipient of the message). Is it logical for this client that he or she after the sale of product X, Product Y a message? The existence of similarity in each case will be assessed the proper context.
14. Can I send messages to my clients without permission?
To existing customers (which a product or service sold) may have similar
services / products are unsolicited messages sent without permission
obtained. When the e-mail or mobile phone number are obtained, the customer is given the opportunity to receive unsolicited messages to reject.
15. Can I e-mail address of someone who has requested information (or a prospect) on the mailing place for sending such a newsletter?
Newsletters (or other messages) without explicit consent can only be sent if there is a customer relationship. When obtaining information or in accessing a prospect there is no one buying a product or a service. So, explicit consent should be sought before the newsletter can be sent.
16. Can an employer say to continue to receive unsolicited messages?
Entrepreneurs and companies that wish to receive unsolicited messages can be granted a
of general application giving consent. They can do an e-mail or mobile
phone with this aim to publish on their website. Note: You should provide exactly for what purposes we may send these messages, for example, only about advertising
office furniture. Then sending such information to that agency
address banned.
17. Who counts as senders of spam?
Anyone who can send messages and sender of the spam so offender ban. That a person who performed the actual transaction (the submit button) but those that orders the shipment.
It is also possible that the provider of e-mail addresses or phone numbers, as OPTA
co-author of the ban is considered spam. Per violation OPTA will see which parties are regarded as trespassers. These can all parties be punished individually (see also the answer to question 18).
18. Can a supplier of e-mailadressen/telefoonnummers also violated the ban on spam?
A supplier of e-mail addresses or phone numbers may in some cases
violate privacy laws. The Data Protection Authority is monitoring it. It is also possible that the supplier of these addresses by OPTA as co-author of the
prohibition is considered spam. Per violation OPTA will see which parties are regarded as trespassers.
19. I spam when I send an address database for sale simply use to send messages
going to send?
Address files can only be used if the sender has prior approval to go to this address (or phone) to send electronic messages. If the sender is not an existing customer relationship or no explicit permission to show the address file can not be used.
A dispatcher must be well informed about the risks of using a
address file of one another. Often it is not legal.
20. Sender of messages should I prove I have obtained explicit permission?
The sender of messages must always demonstrate that the recipient prior consent to him / her has given. This requires the sender is proof storage.
Thomas Power
+447875695012
thomas.power@ecademy.com 
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