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Unsolicited communications - Fighting Spam

Article 13(1) of the Privacy and Electronic Communications Directive requires Member States to prohibit the sending of unsolicited commercial communications by fax or e-mail or other electronic messaging systems such as SMS and MMS unless the prior consent of the addressee has been obtained (opt-in system).

The only exception to this rule is in cases where contact details for sending e-mail or SMS messages (but not faxes) have been obtained in the context of a sale. Within such an existing customer relationship the company who obtained the data may use them for the marketing of similar products or services as those it has already sold to the customer. Nevertheless, even then the company has to make clear from the first time of collecting the data, that they may be used for direct marketing and should offer the right to object. Moreover, each subsequent marketing message should include an easy way for the customer to stop further messages (opt-out).

The opt-in system is mandatory for any e-mail, SMS or fax addressed to natural persons for direct marketing. It is optional with regard to legal persons. For the latter category Member States may choose between an opt-in or an opt-out system.

For all categories of addressees, legal and natural persons, Article 13(4) of the Directive prohibits direct marketing messages by e-mail or SMS which conceal or disguise the identity of the sender and which do not include a valid address to which recipients can send a request to cease such messages.

For voice telephony marketing calls, other than by automated machines, Member States may also choose between an opt-in or an opt-out approach.

Useful information on national anti-spam legislation can often be accessed via the national webpages listed here.

 

Frequently asked questions

8 October 2009 Commissioner Reding calls on Member states to reinforce their efforts in the fight against spam, spyware and malicious software

At the occasion of the conference of international spam fighters hosted by the Portuguese telecom regulator ANACOM, the Commissioner repeated her call on Member States to increase their efforts to tackle privacy threats to end-users by implementing the recommendations the Commission has identified in a 2006 Communication on the topic. The conference takes place in Lisbon, Portugal from 7-9 October and brings together national authorities from the EU Member States and other countries, including the US, Australia and Canada, with the private sector.

The conference provides a platform for exchange of information and best practices. The conference will also offer training sessions for national authorities to help strengthen their ability and understanding of the on-line techniques that can be used when conducting investigations. The Commission provides the secretariat of the European contact network of spam authorities (CNSA) which is co-organizing the event together with the London Action Plan, the global anti-spam cooperation platform.

In addition the Commission has now published a list of national web pages where citizens can obtain more information on privacy threats and file complaints which can be accessed here


13/14 December 2006 International Spam fighters discuss strategies in Brussels

The European Commission hosted a two day meeting of international spam fighters in Brussels last week.  Authorities and stakeholders from all over the world discussed how to win the fight against spam, as well as other on-line malpractices that threaten both citizens and businesses.  This meeting was the second joint workshop of the London Action Plan (LAP) and the European Contact Network of Spam Enforcement Authorities (CNSA).  More information on the event is available here.

15 November 2006 - Communication on Fighting spam, spyware and malicious software adopted

Threats such as spam, spyware and malware undermine the confidence in, and the security of, the Information Society and have a significant financial impact.  The Commission adopted a Communication on Fighting spam, spyware and malicious software on 15 November 2006.  The Communication deals with the evolution of spam, spyware and malicious software.  It takes stock of efforts made so far, and identifies further actions that can contribute to reducing these threats that are currently compromising the benefits of the Information Society and the economy.  All available language versions can be found here.


19 April 2006 - OECD Spam Task Force releases complete anti-spam toolkit

The Organisation for Economic Co-operation and Development (OECD), through its ad hoc Spam Task Force, has developed an Anti-Spam “Toolkit” to help policy makers, regulators and industry players orient their policies relating to spam solutions and restore trust in the Internet and e-mail.  The Commission, which is vice-chairing the Task Force, has participated actively in the development of the Toolkit that echoes EU efforts in the area.  The toolkit can be consulted here.


21 February 2006 - Article 29 Data Protection Working Party adopts an opinion on privacy issues related to the provision of email screening services.

The Article 29 Data Protection Working Party has adopted on 21 February 2006 an Opinion on privacy issues related to the provision of email screening services (Opinion 2/2006, WP 118).  The document aims to provide guidance on the question of confidentiality of email communications and, more specifically, on the filtering of on-line communications against viruses, spam, and illegal content.  The document can be accessed here. (The Article 29 Data Protection Working Party is an independent and advisory body which brings together 'data protection authorities' in the EU.  More background information on the Working Party is available here.)


15 November 2005 - OECD Task Force on Spam releases ‘Anti-Spam Regulation’ Paper

The aim of this document is to aid the development and review of anti-spam legislation strategies and arrangements in OECD member countries and non-member economies.  It provides a ‘checklist’ of policy questions and decision points that policy makers may consider in their work.  The Commission has a vice-chair position in the Task Force.  The document is accessible from here.


3-4 November 2005 - EU Contact Network of Spam Authorities (CNSA) and London Action Plan hold joint workshop on spam enforcement

The joint CNSA-LAP workshop on spam enforcement, hosted by the OFT, brought together over 60 public and private sector agencies from over 27 countries to promote cross-border enforcement cooperation on spam and spam-related problems, such as on-line fraud and computer viruses.  More information on the event is available here.

28 June 2005 – ITU holds a WSIS thematic meeting on Cybersecurity including a specific ‘countering spam’ day

The International Telecommunication Union organises a WSIS Thematic Meeting on Cybersecurity, which will take place from 28 June to July 1 2005 at ITU headquarters in Geneva, Switzerland.  The first day of the meeting will be dedicated to countering spam.

26 May 2005 – OECD Task Force on Spam releases Anti-Spam Law Enforcement Report

The OECD Task Force report on Anti-Spam Law Enforcement presents a summary of enforcement activities against spam, providing an overview of the nature and extent of powers possessed by enforcement authorities in different countries.  The OECD Task Force, in which the European Commission has a vice-chair position, is currently developing the anti-spam Toolkit.  The toolkit is an instrument to help governments, regulators and industry players orient their policies relating to spam solutions.  Access to corresponding documents is available here.

21-23 February 2005 - ASEM Joint Statement on International Anti-Spam Cooperation

A joint drive to combat 'spam' e-mail from Europe and Asia was agreed at an Asia-Europe (ASEM) conference on eCommerce, held in London on 21-22 February. In a joint statement on international anti-spam cooperation, government participants in the conference agreed on 23 February to take action to fight spam nationally and to promote anti-spam efforts in international organisations and by industry. ASEM members notably include China and South Korea, which are important sources of spam according to experts.

To see press release, click here.

To access further information on ASEM and the eCommerce Conference, click here.

7 February 2005 - 'Anti-spam' enforcement authorities launch joint drive to combat spam

'Anti-spam' enforcement authorities in 13 European countries have agreed to share information and pursue complaints across borders in a pan-European drive to combat "spam" electronic mail. They will cooperate in investigating complaints about cross-border spam from anywhere within the EU, so as to make it easier to identify and prosecute spammers anywhere in Europe. To see the press release click here ( FR / DE ).

Click here for the Cooperation procedure text.


9 December 2004 - Council Conclusions on unsolicited communications for direct marketing purposes or 'spam'

The EU Telecommunications Council on 9 December adopted Conclusions on unsolicited communications for direct marketing purposes or "spam".  The Council welcomes the activities undertaken by the Commission and the Dutch Presidency on the basis of the January 2004 Communication on the subject.  The Council also underlines the evolving nature of spam and invites further action by the Commission, Member States and market players.  The (provisional) text of these Conclusions can be found here.

9 December 2004 - Actions against spam will be included under the various actions of the Safer Internet plus programme

The EU Telecommunications Council on 9 December agreed on the Safer Internet Plus programme, which aims to empower parents and teachers with internet safety tools.  The 4-year programme (2005-08), proposed by the European Commission in March, will have a budget of ? 45 million to combat illegal and harmful internet content.  The new programme also covers other media, such as videos, and explicitly addresses the fight against racism, and also 'spam'.  It will focus more closely on end users: parents, educators and children.  More information is available here.


9 December 2004 - ITU Global Symposium of Regulators holds a session on spam

During the Global Symposium of Regulators (GSR) organised by the International Telecommunication Union (ITU) from 8 to 10 December 2004, in Geneva, Switzerland, a specific session was held on 'How to combat spam'.

The meeting focused around four mains topics, country experiences, model legislation, international cooperation, and technical and policy assistance requirements for developing countries.

To read the papers and the chairman's report of the meeting, click here.


15 November 2004 - Public consultation and workshop on combating "spam"

DG Information Society and the Dutch presidency have launched a public consultation, in the form of a questionnaire, to assess progress on combating 'spam' following the Communication on this issue of January 2004 that identified relevant action for all interested parties. 

The Commission intends to assess the effectiveness of the actions taken to date and to determine by end 2004 if additional or corrective action is needed.

The Commission services also held an open workshop on this subject, on 15 November 2004, to discuss the contributions received and the possible way forward.  Click here for the agenda.

Click here for the questionnaire. 

List of presentations held at the workshop:

Agenda - agenda of the meeting

Dutch Presidency - Introduction of the Dutch Presidency

DG INFSO - Results of the questionnaires to MS, industry, consumers

Beuc - Consumers' views

DG INFSO - Safer Internet Plan

Symantec - Threats to e-mail security

Fedma - Direct Marketers' view

Cisco - Signing Email Messages

DG INFSO - International cooperation activities

 

8-9 September 2004 - Second OECD Workshop on Spam - Busan, Korea

The OECD's 2nd Workshop on Spam will be hosted by the Ministry of Information and Communication of South Korea. It will be held in Busan, S. Korea on 8-9 September 2004.

8 July - OECD creates a Task Force on Spam

Following the OECD workshop hosted by the European Commission in February 2004, the OECD has created a Task Force on Spam that is expected to function for 2 years. Background information on OECD work on spam can be found at: http://www.oecd.org/sti/spam

7-9 July 2004 - ITU holds a WSIS thematic meeting on countering spam

The International Telecommunication Union (ITU), held an ITU WSIS Thematic Meeting on Countering Spam from 7 to 9 July 2004, in Geneva, Switzerland. 

The meeting was focused around five main topics, tackling the evolution and the possible solutions to the spam problem: scope of the problem, technical solutions, consumer protection and awareness, legislation and enforcement, and international cooperation.

To read the background paper 'Multilateral and bilateral cooperation to combat spam' presented by the Commission, click here.

May 2004 - Commissioner Liikanen calls for "cooperative, integrated action" to combat spam

In a special contribution for the EuroISPA newsletter, Erkki Liikanen, Member of the European Commission for the Information Society and Enterprise, highlighted the need for all stakeholders - both law-makers as well as industry - to work together in order to successfully overcome the global spam menace.

To read the article, click here.

The new programme Safer Internet plus 2005-2008, proposed by the Commission on 12 March 2004, will provide funding for work related to the fight against spam

On 12 March 2004, the Commission adopted a proposal for Safer Internet plus, a 2005-2008 funding programme with budget of 50 million euro that would be a follow-up to the current Safer Internet Action Plan.  Under 'Tackling unwanted and harmful content', one of the four action lines proposed, funding would be provided for technological measures that empower users to limit the amount of unwanted and harmful content which they receive, and to assess the effectiveness of available filtering technology. Funding would also be available to support the development of effective filtering technology and promote exchanges of information and best practice on effective anti-spam enforcement. The press release and the proposal can be accessed here.
 

Council Conclusions on unsolicited communications for direct marketing purposes or 'spam'

At the Transport and Telecom Council of 8 March 2004, the Council of the European Union has adopted Conclusions on unsolicited communications for direct marketing purposes or "spam" which echo the Commission's Communication on the subject, adopted in January. The (provisional) text of these Conclusions can be found here.

Opinion 5/2004 of the Article 29 Data Protection Working Party on unsolicited communications for marketing purposes

The Article 29 Data Protection Working Party has adopted on 27 February 2004 an opinion 'on unsolicited communications for marketing purposes under Article 13 of Directive 2002/58/EC'.

The Article 29 Data Protection Working Party is an independent and advisory body which brings together 'data protection authorities' in the EU. More background information on the Working Party is available here.
 

A one day workshop on unsolicited commercial communications or spam has taken place in Brussels on 16 October 2003.

Building on the 'opt-in' regime to be introduced in all Member States by the end of October, the workshop aimed at discussing additional measures needed to address the various legal, technical and educational facets of spam.

The results have been used in the context of the Commission Communication on the subject.

Press release on the workshop of 16 October: 

Issue paper

Proposed agenda

PPT presentation

Spam and the Safer Internet Programme.

Press Release of 15 July 2003 - SPAM: European Commission goes on the offensive.

 

Last update: 08/10/2009

 

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