15 Dec 16:39
Hollandanin anti spam yasasi
Mustafa Akgul <akgul <at> bilkent.edu.tr>
2009-12-15 15:39:50 GMT
2009-12-15 15:39:50 GMT
*Holland's Telecommunication Act: the Fight Against Spam
<http://feedblitz.com/r.asp?l=43000016&f=1246&u=11298&c=0>*
In 2004, the Netherlands introduced legislation banning the sending of
unsolicited electronic messages, commonly known as spam, to natural
persons. In 2008, the ban was broadened to include unsolicited
electronic messages sent to legal persons. This legislation, however,
includes exceptions to the restrictions on spam. This article provides a
summary of Holland's spam law.
The Dutch Lower House adopted the provisions of the European Directive
on Privacy on electronic communications (2002/58/EC), in particular
regarding the banning of spam, by enacting the Telecommunications Act
(hereafter the Act) on November 04, 2003. The Netherlands also
integrated Article 12 of the European Directive 97/66/EC into chapter 11
of the Act. Article 11.7, paragraph 1, provides that it is unlawful to
transmit electronic messages for commercial, personal, or charitable
purposes without first receiving the recipient"s consent (the
"subscribing natural person").
In the Netherlands, spam includes any text or spoken messages
transmitted via an electronic communication network that can be stored
on a network or in the recipient's peripheral devices until such time
when the message is downloaded by the recipient (Article 11.1).
Accordingly, all unsolicited advertisements transmitted to natural
persons via e-mail, SMS, MMS and voicemail fall within the scope of the
ban on spam.
Until 2008, the ban on spam only applied to messages sent to a natural
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