| Region |
Law/Directive |
Opt In/Opt Out |
Relevant Rules & Conditions |
| European Union |
Privacy & Electronic Communications Directive
* Effective 10/2003 |
Opt In |
* Marketers must use legitimate addresses and include an easy way to opt out from each message
* Recordings of subscriber traffic must be erased when the info is no longer necessary for the purposes of communication of billing
* Online traffic and location data may only be held in consumers name for the duration of the billing period or for the length of the contract. For further processing or further use in marketing the data may only be used anonymously
* Subscribers must be informed of the purposes of any published directory that includes their private information available for public use. The ability to review and withdrawl from any directory must be provided free of charge. This does not apply to any published before 2002. |
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| European Union |
E-Commerce Directive
* Effective 1/17/2002 |
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* All unsolicited emails must cross reference opt out lists. No specific list is mentioned.
* Terms and conditions must be accessible in such a way that they may be stored and reproduced.
* A customer order of goods and services must be acknowledged via electronic means, and an order may be considered placed only when the recipient has access to the acknowledgement.
* The information provider is not responsible for transmitted info when they have not: saught out the recipient, initiated transmission or changed D7 or selected any sent info.
* All sales, promotions, sweepstakes and prizes must be clearly labled |
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| Albania |
Law #8517 on the Protection of Personal Data |
Opt Out |
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| Argentina |
Act 25,236 Personal Data Protection Act |
Opt Out |
* System is self-regulatory |
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| Australia |
Ten National Privacy Principals |
Opt In |
|
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| Austria* |
Section 101 of the Federal Law Relating to Telecommunications |
Opt In |
* Consumers may opt in verbally, or in writting |
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| Belgium* |
Law on Protection of Personal Data Law of Implementation of Directive 95/46/EC. Decree on Enactment of Law on Protection of Personal Data |
Opt In |
* Messages must provide a clear means of unsubscribing.
* Service providers must be able to prove email communications were solicited |
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| Bosnia & Herzegovina |
Law on the Protection of Personal Data |
Opt In |
|
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| Bulgaria |
Personal Data Protection Act |
Opt In |
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| Canada |
|
Opt In |
* No official legislation
* CMA (www.the-cma.org) maintains an email opt in list for members, and an opt out list that must be cross checked quarterly.
* System is considered self-regulatory |
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| Cyprus |
Processing of Personal Data (Protection of Individuals) Law 2001 |
Opt In |
* Opt in list is maintained by the Commisioner for the Protection of Data |
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| Czech Republic |
Act on the Protection of Personal Data and on Amendments to Some Related Acts |
Opt Out |
* Consumers must notify senders of their desire to opt out in writing
* Lists may be rented, not sold |
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| Denmark* |
Consolidated Act #699 of July 17, 2000 |
Opt Out |
* Every communication must provide a means of opting out |
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| Estonia |
Personal Data Protection Program |
Opt Out |
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| Finland* |
Personal Data Act |
Opt in for individual consumers
Opt out for B2B |
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| France* |
Implementation of EU Directive 2002/58/EC. |
Opt In |
* Direct marketers using email must maintain opt out lists |
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| Germany* |
Telecommunications Customers Protection Ordiniance |
No specific legislation with regards to email |
* Law does not specifically mention email, and courts have been divided on whether or not unsolicited email is legal |
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| Greece* |
Law #2472 on the Protection of Individuals with regard to the Processing of Personal Data |
Opt In |
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| Hungary |
Act #LXIII on the Protection of Personal Data and Disclosure of Data of Public Interest |
Opt In |
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| Iceland |
Act on Protection of Individuals with regard to the Protection of Personal Data |
Opt Out |
* The National Bureau of Statistics maintains a national do not call/do not email list that all those marketing via phone or email must honor.
* Lists must be cross checked monthly
* A provision to unsubscribe must be provided in every communication |
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| Ireland* |
Data Protection Act |
Opt in Unsolicited emails must be clearly identifiable as such by the recipient |
* Labeling commercial email as an advertisement is currently under discussion with the Ireland Direct Marketing Association |
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| Isle of Man |
Data Protection Act 2002 |
Opt Out |
* Email addresses are considered to be private data, and therefore, their collection and storage must have the knowing consent of the owner. |
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| Israel |
Protection of Privacy Law |
Opt Out |
* Unsolicited email must provide the identity of the sender, the database used to obtain the address, an option to unsubscribe from the list, and an address to use for doing so.
* Recipient must unsubscribe in writing |
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| Italy* |
Protection of Individuals and Other Subjects with Regard to the Processing of Personal Data Act |
Opt In |
* All advertising costs must be paid by the advertiser (no faxes) |
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| Latvia |
Law of Personal Data Protection |
Opt Out |
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| Lithuania |
Law on Legal Protection of Personal Data |
Opt In |
* Marketers are in general obligated to use the opt in method |
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| Luxembourg* |
Act Concerning the Use of Nominal Data in Computer Processing |
Opt Out |
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| Malta |
Data Protection Act 2001 |
Opt In |
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| Netherlands* |
Implementation of Directive 2002/58/EC |
Opt In |
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| Norway |
Marketing Control Act |
Opt In |
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| Poland |
Act on the Protection of Personal Data |
Opt In |
* Opt in legislation for faxes is currently pending |
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| Portugal* |
Law #69/98 |
Opt Out |
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| Romania |
Law on the Protection of Individuals with Regard to the Processing of Personal Data and the Free Movement of Such Data |
Opt In |
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| San Marino |
Act on the Collection, Elaboration and Use of Computerized Personal Data |
Opt In |
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| Slovakia |
Act on Personal Data Protection |
Opt In |
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| Slovenia |
Personal Data Protection Act |
Opt In |
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| Spain |
Law on the Information Society and Electronic Commerce |
Opt In |
* All commercial email must be labeled "publi" (advertisement) in the subject line |
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| South Africa |
Electronic Communications Transactions Act #25 of 2002 |
Opt Out |
* Opt out capability in every message
* Source of recipients data must be provided upon request |
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| South Korea |
Protection of Confidentiality in Communications |
Opt Out |
* Subject line must state that the message is an advertisement.
* Message must include a toll free telephone number |
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| Sweden* |
Marketing Practices Act |
Marketers are in general obligated to use the opt in method (except for direct mail, which is opt out) |
* There is a debate as to whether or not the law encompasses emai, but it is not clearly stated |
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| Switzerland |
Federal Data Protection Act |
Opt Out |
* Marketing email must include the identity, address and an email address of the sender and allow for optin out |
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| The Bahamas |
Data Protection Bill |
Opt Out |
* Consumers must opt out in writing |
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| United Kingdom* |
Implementation of EU Directive 97/7/EC on the Protection of Consumers in Respect of Distance Contracts |
Opt Out |
* Companies must maintain their own opt out lists |
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