New Zealand – Unsolicited Electronic Messages Act 2007
New Zealand's legislation is defined by the Unsolicited Electronic Messages Act 2007. Much like the Australian model, it prohibits the use of New Zealand links to send spam (messages sent to, from or within the country).
Require explicit or implicit consent, opt-in approach
List purchase is possible, but a record of consent must be provided.
clearly identify the sender and their contact information in the message, and
Every email must provide an unsubscribe option and should be processed within 5 days.
Fines against businesses can be up to NZ$5 million. In some cases, businesses must compensate for any losses incurred. Alternatively, they must pay compensation equal to the profits earned from sending the spam.
It is important to note that spam can be a single message and does not necessarily have to come in large quantities to qualify as unsolicited.
European spam laws
European Union – ePrivacy Directive (2002)
In the European Union, the 2002 Directive on Privacy and Electronic Communications, or better known as the e-Privacy office 365 database Directive, provides guidance to member states on how to protect citizens from spam.
Like all directives, the e-Privacy Directive outlines general rules that Member States are free to adapt to their local legal systems. As a result, all Member States have different spam laws and regulations in place.
Article 13 of the Directive prohibits the use of email addresses for marketing purposes unless,
Obtained express or implied consent from the recipient, opt-in method
The message clearly identifies the sender and their contact information, and
Penalties are always determined by the Member States .
The significant differences between the Member States’ regulations called for a more coordinated approach. As a result, the regulators decided to tighten the laws on the collection, processing and recording of private data. The result was the GDPR.
GDPR
Due to its nature, the General Data Protection Regulation (GDPR) is legally binding in all countries and will have legal effect from 25 March 2018.
The regulation applies to all individuals and businesses in the European Union. Anyone who obtains an email address and sends emails to EU subscribers is subject to the law, regardless of where the sender is located.
In general, the Regulation imposes stricter conditions than the e-Privacy Directive. The rules for seeking, collecting and recording consent come with higher fines.
When data is collected, explicit consent is a must. It must be “freely given, specific, informed and unambiguous”. Silence, pre-ticked boxes and inactivity will not work, as is the case in many Member States today.
You must inform subscribers about the purpose of collecting their data . For example, if a user leaves her email address when downloading a white paper from your site, you cannot use that email address unless you clearly state in the registration form that the email is collected for marketing purposes.
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