Last updated on November 02, 2020 This Policy is effective immediately.
As a marketing automation platform that delivers emails, we are required to enforce anti-spam laws. Spam negatively impacts deliverability rates, and we want to make sure your emails reach their recipients. We have some very stringent rules that must be adhered to in all countries, unless otherwise your country has additional requirements.
What Is Spam?
Spam, also known as junk mail, are unsolicited commercial email messages, especially bulk email messages. “Unsolicited” means that the recipient has not granted verifiable permission for the message to be sent. “Bulk” means that messages are sent as part of a larger collection of messages, all having substantively identical content. The term “spamming” refers to transmitting, distributing or delivering any unwanted commercial email correspondence, especially in mass quantities, thru the electronic means of communication.
Requirements for All MOF Member Accounts
- You must agree to our Terms of Service.
- Our unsubscribe link must be in all campaigns.
- You must include your contact information inside every promotional campaign that you send, including a physical mailing address or P.O. Box where you can receive mail (not a website or email address).
- You may not falsify your contact information or subject line.
- Email Lists MUST be double-opt in required by law.
- Even if you are outside the U.S., our servers live in the U.S.; we have to make sure all U.S. standards are observed.
- We require that your emails comply with the U.S. CAN-SPAM Act. If you break the rules, you could be liable for hundreds of dollars for each recipient you sent non-compliant messages to.
- In addition to CAN-SPAM rules, you must comply with the anti-spam laws of the countries your recipients live in as well. So if you're sending to U.K. residents and U.S. residents, please check the U.K.'s anti-spam laws to make sure you're also U.K. compliant.
International Requirements By Country
These are either links to anti-spam legislation in countries outside the U.S. or the name of the country's anti-spam law.
Spam Act 2003, Act No. 129 of 2003 as amended.
Telecommunications Act 2003
Commission de la protection de la vie privée, Le spam en Belgique Etat des lieux en juillet 2003, July 4, 2003.
Canada’s Anti-Spam Legislation (CASL) amends the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act. It is very similar to CAN-SPAM but has some minor differences and covers all electronic messages, not just email. Check out CASL basics.
Measures for Administration of E-Mail Service on Internet (2006)
(Unofficial English Translation)
Section 06 of the Regulation of Electronic Communications and Postal Services Law of 2004 (Law 12 (I) / 2004 deals with unsolicited communications (spam)
Act No. 480/2004 Coll., on Certain Information Society Services
Information Society Service Act
Article 13 of DIRECTIVE 2002/58/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).
The EU body that addresses spam is The Contact Network of Spam Enforcement Authorities (CNSA).
The Directive is implemented by each member state independently so you will want to check with your particular country law for more details.
Falls under the Commission Nationale de l'Informatique et des Libertés (CNIL) [National Data Processing and Liberties Commission], Electronic Mailing and Data Protection (Oct. 14, 1999) (French) CNIL Guidelines on email marketing.
Art. 7 German Unfair Competition Law (Gesetz gegen Unlauteren Wettbewerb) (UWG)
Art. 202a, 263, 303a, 303b of the German Criminal Code Art. 6 of the German Law regarding Information Society Services Art. 28 Par. 4 of the German Data Protection Act.
Information Technology Act of 2000
Italy's anti-spam laws are very strict. You can even be imprisoned for sending spam. If you're sending to Italian recipients, follow these guidelines as well.
Personal Data Protection Code (legislative decree no. 196/2003)
The Code transposed EC Directive 95/46 on the protection of personal data and EC Directive 2002/58 on privacy in electronic communications; it consolidated all Italian pre-existing laws and regulations in this sector.
DL 196/2003 Personal Data Protection Code • DL 675/1996 on privacy protection states, inter alia, that a company must have authorization from each user whose personal data (such as email) they want to use. • DL 171/1998 (deriving from the European Community directive 97/66/CE) on telecommunications privacy protection: this outlaws all automatic systems to call a user and says that all the expenses of an advertising campaign must be paid by the company and not the user. (Faxes and emails are instead paid also by the user.)
DL 185/1999 (deriving from the European Community directive 97/7/CE) on customer protection with respect to long-distance contracts: this obliges companies to seek the permission of the user for virtual or telephone sales.
Dutch law requires very explicit permission and heavily protects data and privacy.
The Unsolicited Electronic Messages Act 2007. The Department of Internal Affairs provides detailed guidelines on the country’s anti-spam laws.
Regulation of Spam in South Africa - South African Law
Swedish Marketing Act (Swedish Code of Statutes, SFS 1995:450). Personal Data Act (Swedish Code of Statutes, SFS 1998:204), in so far as spam activities involve the processing of personal data.
The Privacy and Electronic Communications (EC Directive) Regulations