Spam ban becomes law

Businesses will have to gain the “explicit consent” of recipients before sending out emails or text messages, unless a user has agreed in advance to receive them.

Corporate subscribers have been exempt from the rule, meaning that most business-to-business e-marketing shouldn’t be affected. However, all direct marketing emails will be required to include comprehensive sender and contact details.

The government hopes the move will help cut the tide of spam that currently clogs up many businesses’ inboxes, harming productivity and communication in the process.

However, it is widely feared that the move will do little to combat unwanted messages as most spam originates from the USA and the laws just cover British users.

Other key aspects of the new rules include:

• Companies that use tracking devises, such as ‘cookies’, on their websites will have to tell users they are doing so and allow them to opt out of they wish.
• Subscribers must be given the chance to leave directories created by firms on website users.
• Mobile operators are allowed to provide advertising based on personal data, but must gain their consent.

As reported by Startups.co.uk, a recent MessageLabs report revealed that spam has rocketed by a massive 77 per cent over the past year, partly due to viruses such as SoBig, which hijack computers and turn them into ‘spam generators.’

Small business groups have repeatedly called for the government to do more to tackle spam, although some small firms have raised concerns that the new laws would hinder the cheap and accessible advertising that email offers.

Stephen Timms, the communications minister, said that offending firms could be fined up to £5,000 in a magistrate’s court or an unlimited amount if the trial is before a jury.

“Anyone who has suffered damages because the regulations have been breached has the right to sue the person for compensation,” he added.