Is it correct for a business to send unsolicited mailers?

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1202635

2026-03-31 17:55

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Generally the sending of unsolicited mailers via email is classified as "SPAM". Many jurisdictions have passed legislation making the sending of SPAM illegal. Examples include (but are not limited to):

USA
  • "CAN-SPAM" Act of 2003 passed by the US congress.
European Union
  • E-Privacy Directive: Directive 2002/58/EC Concerning the Processing of Personal Data and the Protection of Privacy in the Electronic Communications Sector, 2002 O.J. (L 201) 37
  • E-Commerce Directive: Directive 2000/31/EC on Certain Legal Aspects of Information Society Services, in Particular Electronic Commerce, in the Internal Market, 2000 O.J. (L 178) 1
Finland
  • Personal Data Act (adopted March 1999)
Italy
  • Legislative Decree Implementing Distance Contracts Directive (May 22, 1999)
Netherlands
  • Telecommunications Act articles 11.7, 11.8
Norway
  • Act No. 47 of 16 June 1972 relating to the Control of Marketing and Contract Terms and Conditions (Marketing Control Act) § 2a (as amended effective March 1, 2001)
Sweden
  • Marknadsföringslag (1995:450) (Marketing Practices Act)
Australia
  • Spam Act 2003
Canada
  • Personal Information Protection and Electronic Documents Act, Bill C-6 (enacted Apr. 4, 2000)
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