Marketing e-mails and SMS:
All "commercial communications", including all marketing and promotional
e-mails (whether solicited or unsolicited) and SMS will need to be
clearly identifiable as such and identify the person on whose behalf
they are sent.
The revised DTI Guide offers some welcome clarification
on how this requirement is to be met, making it clear that this
could be in the e-mail header or in the body of the message.
Promotional offers, games and competitions
Must meet additional information requirements.
Further provisions to regulate unsolicited e-mails are due
to come into force next year under the recently-adopted Communications
Data Protection Directive. The EU Cookie Directive
Which will outlaw spam, make opt-in compulsory for marketing e-mails
and regulate the use of website cookies -- was formally adopted
on 26th June. Member States have 15 months from official publication
date to implement the measures in national law.
Interactive television and mobile platforms:
The requirements outlined above apply equally to iTV and mobile
applications. The Regulations themselves do not address the difficult
issue of how suppliers should provide the requisite information
within the technical constraints of such platforms. The DTI's accompanying
Guide suggests that compliance may be achieved by making the requisite
information accessible on another service, for example a website.
This guidance, however, does not have any legal force.
Country of Origin:
The Regulations aim to remove legal obstacles to cross-border trade
within the EU by applying the "country of origin" principle.
Broadly speaking, this means that it will be the laws of the state
where the service provider is established (its country of origin,
or home state) that apply in relation to cross-border online services.
Financial services:
The Treasury has now issued a raft of legislation implementing the
E-Commerce Directive in the financial services sector, and the FSA
has published its final finalised guidance on the issue.
Enforcement:
The approach to enforcing the new rules taken by Trading Standards,
the OFT and other bodies remains to be seen, although some comfort
may be drawn from the fact that the Guide is addressed to those
enforcement bodies as well as to businesses.
Service providers' liability for third party content: the new Regulations
make a number of important clarifications to the provisions on service
providers' liability for transmitting, caching and hosting illegal
third party content.
We have developed a checklist to help you assess your site's compliance
with the Regulations.
Please contact us to request
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