We still often get them on the phone: people who want to purchase email marketing from us. There is nothing wrong with that in itself. However, companies often use email addresses for mailings without the recipients' permission. That can go very wrong. For example, you could receive a hefty fine.
What is OPTA
The party behind this is OPTA, the Independent Post and Telecommunications Authority. This body was established in 1997 and supervises all digital communication, including the sending of spam. This is done with the aim of safeguarding consumer privacy and trust. OPTA is an independent administrative body (ZBO). This means that it is a government agency that operates independently.
When is a message spam?
A message is considered spam when the addressee receives it unsolicited. This can be an email, but also an SMS or MMS. It is actual spam when it concerns a commercial, ideological, or charitable message. Therefore, when you want to send mailings to individuals or companies, they must have indicated that they wish to receive them. If they have not done so, do not send them anything. If you do so anyway, you risk a fine that can amount to €450.000 or 10% of the relevant turnover.
What requirements must my message meet?
There are three requirements for sending electronic messages:
1. The addressee must have given permission.
This must be done explicitly. For example, by ticking a box on the form on the website yourself. A mention in the general terms and conditions is therefore not explicit enough. It must be clear what the addressee is consenting to.
2. Clearly state who the sender is.
In every message you send, it must be clearly stated who you are. The use of a nickname or similar is not permitted.
3. Option to unsubscribe
In every message, the recipient must have the option to unsubscribe from receiving messages. This must be easy. Therefore, if the recipient first has to answer an entire questionnaire, it is not easy enough.
Once you meet these requirements, you may start sending messages. It is, of course, different when it comes to actual customers. You may simply send them messages, even without the recipient's explicit permission. If you would like to read more about the rules and laws, please visit the website of the OPTA.