In one of our previous newsletters we described the rules laid down in the Telecommunications Act regarding the sending of marketing information by e-mail. Click here for this previous newsletter.
Recently, a new self-regulatory code for the distribution of advertisements by e-mail (the "E-mail Code") was introduced. The requirements in the code are stricter than those in the Act, in part to avoid the need for more stringent legislation.
The E-mail Code will form part of the Dutch Advertising Code and will enter into force on 1 January 2012. It introduces rules on (among other things) tell-a-friend systems, the layout/size of e-mails and attachments, and an advertiser's responsibilities regarding the use of third-party e-mail addresses