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Thursday 18th September 2003
Spam rules mean opt-out is out 5:40PM, Thursday 18th September 2003
The DTI has unveiled new controls that update legislation on spam sent via email, phone or from the Internet.

Communications Minister Stephen Timms said: 'These regulations will help combat the global nuisance of unsolicited e-mails and texts by enshrining in law rights that give consumers more say over who can use their personal details... It's crucial that people feel safe and have confidence in utilising electronic communication technologies.'

Essentially the new legislation means that those wishing to send unasked for emails or SMS messages will have to get the recipient's agreement
 
 
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beforehand. So, rather than asking the customer to opt out of receiving such correspondence, it is now assumed that unasked for correspondence is unwanted, and thus the customer must opt-in, instead.

However, this does not apply where there is already an existing customer relationship in place. It is not clear whether the fact you are already spamming someone counts as an existing relationship.

Additionally, companies using cookies and other similar Internet tracking methods must give users the option to refuse them, as well as clear information on their use.

Data collected for directory and subscriber lists must be gathered, making it clear to those who offer such personal information, exactly how that data will be used.

Those found guilty of breaching the regulation could face fines of up to £5000 in a magistrates court, which rises to an unlimited amount in cases tried before a jury.

Although the legislation is introduced today, businesses have until 11 December to bring themselves in line when it becomes enforceable by law.

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