European Data Protection Digest

New Anti-Spam Guidelines Clarify Enforcement

ONLINE PRIVACY—NETHERLANDS

February 12, 2010

The Dutch regulatory authority for telecommunication and postal markets (OPTA) has published new policy guidelines for enforcement of anti-spam regulations, according to a Norton Rose report. Under the Dutch Telecommunications Act, automatic calling systems, fax and electronic messages may only be used to send unsolicited communications with prior approval of the recipient, except in specific cases. OPTA may issue warnings or impose an order for periodic penalty payments or an administrative fine of up to €450,000, depending on the seriousness of the breach. OPTA will "take enforcement action and set the amount of any fine dependent on the seriousness of the relevant breach and the relevant circumstances," the report states, rather than after a single complaint. (Registration may be required to access this story.)
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