EU ruling on unsolicited email paves the way for new legislation by 2003

The European Parliament's vote for an EU-wide soft opt-in on unsolicited emails has been approved by the Council of Ministers in a move that will see the Directive on Electronic Communications and Data Privacy implemented next year.

The Council's decision has been met with dismay by FEDMA and the DMA.

Axel Tandberg, government affairs director at FEDMA, described the ruling as "unfortunate", claiming that the enforced soft opt-in will make it harder for smaller companies to enter the market due to the higher price of opt-in lists.

The soft opt-in ruling means that where there has been no previous contact with a consumer, that consumer must give prior consent in order to receive unsolicited emails.

Where an email address has already been acquired in a sales context, however, a company may send unsolicited marketing emails for its own products and services.

Once the Directive is implemented in 2003, it will not be due for review for three years.

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