As an email marketing service provider our obligation is to make sure that our users comply with the regulations on commercial communications.
Acrelia news helps you follow best practices when communicating with your subscribers and getting new contacts, but you need to know and implement the regulations in force in your country on data protection, information society services and electronic commerce.
In Europe, to send commercial communications it is necessary to meet the following requirements:
Duty to identify the sender of a message: Commercial communications conducted electronically must be clearly identifiable as such and the natural or legal person on behalf of which are made must also be clearly identifiable. Sending commercial communications disguising or concealing the identity of the sender on whose behalf the communication is made is prohibited.
Inclusion of "Advertising" or the abbreviation "ad". In the case that commercial communications take place via email or other equivalent means of electronic communication, they will include the word "advertising" or the abbreviation "ad" at the beginning of the message.
The general rule to send commercial communications is to have the consent of the recipient. It is prohibited to send advertising or promotional communications by email or other equivalent means of electronic communication that had not been previously requested or expressly authorized by their recipients.
Exception to the above rule: When there is a prior contractual relationship, provided that the lender would have obtained the contact details of the recipient in a lawful manner and would employ them to send commercial communications relating to products or services of his own company that are similar to the ones that originally were the subject of the contract with the customer.
The provider or sender must offer the recipient the possibility to object to the processing of his/her data for promotional purposes by a simple and free procedure, both at the time the data are collected and in each of the commercial communications addressed to him/her. When communications have been sent by email, they must necessarily include a valid email address where you can exercise this right, and the delivery of communications that do not include that email address is prohibited.
Withdrawal of consent by the recipient. The recipient may revoke at any time his consent to opt out of receiving further commercial communications simply notifying his intention to the sender. Service providers (senders) should enable simple procedures free of charge so that the recipients of services may revoke the consent they have given. When communications have been sent by email, it must necessarily include a valid email address where you can exercise this right, and the delivery of communications that do not include that email address is prohibited.
In their web sites, senders must comply with the regulations in the field of storage and data recovery devices (cookies).
Below you'll find some links where you can learn in detail the legislation in force outside Europe