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01-02-2010 E-law alert

Email spam led to fine of DKK 50,000

By: 
Mathilde Stage & Jakob Kristensen

A company had forwarded emails advertising for its Christmas party but had not obtained prior consent from the receivers. Unsolicited communication with consumers through use of electronic means is considered a violation of section 6 of the Marketing Practices Act. This means that a business may not approach anyone by email unless the party concerned has given prior consent. The case was instituted after the Consumer Ombudsman had received several complaints because of the company’s procedure. In August 2008, the company was reported to the police by the Consumer Ombudsman for breach of sect. 6 of the Danish Marketing Practices Act, as the company had forwarded 492 emails without having obtained prior consent from the receivers. For this reason the company was fined DKK 50,000.