As of 1 January 2012 the new Advertising Code for Email comes into effect in the Netherlands. This new code replaces the two current codes for sending unsolicited advertising via emails to consumers and business recipients. This new code does no longer distinguish private and business recipients. Herewith some changes:
The code contains i.a. a further substantiation of the requirement to obtain consent; consent can only be provided by an active action and can not be hided in general terms & conditions or a privacy statement.
For tell-a-friend systems applies that the advertiser should mention the name of the sender (initiator) in the “From” and the “Reply to” field.
Furthermore the term ‘data owner’ is defined as the party that has control over the database with e-mail addresses. This data owner should easily be identifiable in every email so the recipient can contact him. Furthermore the data owner should mention a working reply address in the “Reply To” field. It is therefore no longer permitted to use a ‘no reply’ address!
Read the full text of the new code here.
Kim Braber, adverfising law specialist
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office Emerald House Jozef Israëlskade 48-G Amsterdam, the Netherlands t +31 (0)20 - 305 3066 www.hoogenhaak.nl |
post PO Box 76780 1070 KB Amsterdam e info@hoogenhaak.nl f +31 (0)20 - 305 3069 chamber of commerce 34314579 |
As of 1 January 2012 the new Advertising Code for Email comes into effect in the Netherlands. This new code replaces the two current codes for sending unsolicited advertising via emails to consumers and business recipients. This new code does no longer distinguish private and business recipients. Herewith some changes:
The code contains i.a. a further substantiation of the requirement to obtain consent; consent can only be provided by an active action and can not be hided in general terms & conditions or a privacy statement.
For tell-a-friend systems applies that the advertiser should mention the name of the sender (initiator) in the “From” and the “Reply to” field.
Furthermore the term ‘data owner’ is defined as the party that has control over the database with e-mail addresses. This data owner should easily be identifiable in every email so the recipient can contact him. Furthermore the data owner should mention a working reply address in the “Reply To” field. It is therefore no longer permitted to use a ‘no reply’ address!
Read the full text of the new code here.
Kim Braber, adverfising law specialist