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CONSUMER APPROVAL FOR MARKETING EMAILS AND TEXT MESSAGES

As of May 1, 2015, firms will no longer be able to send commercial messages by email, text messages (sms), fax or autodial machines to potential consumers without their prior approval. Companies that send commercial messages regularly have to obtain consumers’ approval after May 01 2015, when the new E-Commerce Law comes into effect, and avoid any disruption to their messaging activities.

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 activity.

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.