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Spam
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I have subscribed to several jobs databases and will be sending people my latest e-book on how to find a job quickly and easily. Am I at risk of being accused of spamming?
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(Posted in 2 parts):
There are two issues here. The first is 'Is this illegal spamming?". If the answer to that is 'No', we need to have examine whether it's spamming at all.
First, the law:
The Privacy and Electronic Communications (EC Directive)
Regulations 2003 state this:
"(2) Except in the circumstances referred to in paragraph (3), a person shall neither transmit, nor
instigate the transmission of, unsolicited communications for the purposes of direct marketing by
means of electronic mail unless the recipient of the electronic mail has previously notified the
sender that he consents for the time being to such communications being sent by, or at the
instigation of, the sender.
(3) A person may send or instigate the sending of electronic mail for the purposes of direct
marketing where�
(a) that person has obtained the contact details of the recipient of that electronic mail in the
course of the sale or negotiations for the sale of a product or service to that recipient;
(b) the direct marketing is in respect of that person�s similar products and services only; and
(c) the recipient has been given a simple means of refusing (free of charge except for the
costs of the transmission of the refusal) the use of his contact details for the purposes of
such direct marketing, at the time that the details were initially collected, and, where he
did not initially refuse the use of the details, at the time of each subsequent
communication".
So, if the e-mails are sent as part of a direct marketing exercise they are illegal. Otherwise, they're not.
There are two issues here. The first is 'Is this illegal spamming?". If the answer to that is 'No', we need to have examine whether it's spamming at all.
First, the law:
The Privacy and Electronic Communications (EC Directive)
Regulations 2003 state this:
"(2) Except in the circumstances referred to in paragraph (3), a person shall neither transmit, nor
instigate the transmission of, unsolicited communications for the purposes of direct marketing by
means of electronic mail unless the recipient of the electronic mail has previously notified the
sender that he consents for the time being to such communications being sent by, or at the
instigation of, the sender.
(3) A person may send or instigate the sending of electronic mail for the purposes of direct
marketing where�
(a) that person has obtained the contact details of the recipient of that electronic mail in the
course of the sale or negotiations for the sale of a product or service to that recipient;
(b) the direct marketing is in respect of that person�s similar products and services only; and
(c) the recipient has been given a simple means of refusing (free of charge except for the
costs of the transmission of the refusal) the use of his contact details for the purposes of
such direct marketing, at the time that the details were initially collected, and, where he
did not initially refuse the use of the details, at the time of each subsequent
communication".
So, if the e-mails are sent as part of a direct marketing exercise they are illegal. Otherwise, they're not.
(2nd Part):
Assuming that the e-mails don't break the law, we need to decide whether they're actually 'spam'. The problem is that there's no universal definition. To many (most?) people, the sending of unsolicited bulk mail constitutes 'spam'. Some people, however, don't regard e-mails which are not seeking money as spam. Indeed, some such e-mails might be welcomed by a few of the recipients. You need to consider how the people receiving your mail are likely to view it but, perhaps, more importantly, you also need to consider how the owners of the relevant databases will view this sort of activity. (I've got a feeling that you might find yourself suddenly 'unsubscribed' from at least some of these lists).
So, if the law doesn't answer your question then it's up to you to provide your own answer based upon the anticipated responses from the mail recipients and the database owners.
Chris
Assuming that the e-mails don't break the law, we need to decide whether they're actually 'spam'. The problem is that there's no universal definition. To many (most?) people, the sending of unsolicited bulk mail constitutes 'spam'. Some people, however, don't regard e-mails which are not seeking money as spam. Indeed, some such e-mails might be welcomed by a few of the recipients. You need to consider how the people receiving your mail are likely to view it but, perhaps, more importantly, you also need to consider how the owners of the relevant databases will view this sort of activity. (I've got a feeling that you might find yourself suddenly 'unsubscribed' from at least some of these lists).
So, if the law doesn't answer your question then it's up to you to provide your own answer based upon the anticipated responses from the mail recipients and the database owners.
Chris
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