Beginning May 1, 2015, companies will no longer be able to send
commercial messages via email, text message (sms), fax or autodial
machines (robocalls) to consumers without their prior approval.
Companies that send commercial messages regularly can still obtain
consumers' approval by the May 1 deadline, when the new
E-Commerce Law comes into effect, and avoid any disruption to their
In addition to the prior approval obligation, companies must
observe new rules for commercial messages:
The content of commercial messages must be in line with the
approval given. The message must also include: (i) the sender's
identity; (ii) the sender's telephone number/fax number/sms
number/email, depending on the electronic method of communication
used; (iii) the subject and purpose of the message; and (iv)
information on the actual sender, if the message is sent on behalf
of another entity.
If a commercial message relates to a promotional activity
(e.g., offers a discount or gift, or is related to a contest), the
sender must provide an easy way to access the terms of the
As consumers always have the right to opt-out of receiving
commercial messages, the sender must provide the consumer an easy
and free-of-charge opportunity to revoke prior approval; details of
this opportunity must be contained in the message.
The prior approval obligation will not apply to B2B
relationships, and commercial messages can still be sent to
businesses without their prior approval.
A regulation is expected to be issued to clarify vague points in
the E-Commerce Law and determine its application principles and
Baker & McKenzie
At Baker & McKenzie, we provide sophisticated advice on
commercial and marketing law. Please contact us if you would like
more information on how to comply with these new requirements.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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