Out-Law / Your Daily Need-To-Know

A committee of the European Parliament voted on Monday night to give Member States discretion on regulating unsolicited e-mail for marketing purposes, often referred to as spam. This reverses a previous “opt-in” proposal, which would have required prior consent from recipients of such e-mail. Instead, if the latest amendment becomes law, States would decide whether to take an opt-in or opt-out approach.

The proposal is contained in a report on a proposed Directive “on the processing of personal data and the protection of privacy in the electronic communications sector.” The report was approved by the Parliament’s Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs.

The UK Government and the Direct Marketing Association have expressed a preference for an opt-out approach. With opt-out, individuals can be sent unsolicited e-mail for marketing purposes unless and until they indicate that they do not want to receive further e-mail.

Other amendments in the report would also forbid the sending of spam which disguises or conceals the identity of the sender. There must also be a valid address to which the recipient may send a request that he no longer wishes to receive these communications.

Direct marketing by automated calling systems, fax or SMS for the purpose of direct marketing is only permitted in respect of subscribers to a service who have given their prior consent.

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