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Refrain from sending commercial electronic messages to a third party computer when the message does not contain a functioning return e-mail address that is clearly visible to the receiver.


CONTROL ID
00287
CONTROL TYPE
Behavior
CLASSIFICATION
Preventive

SUPPORTING AND SUPPORTED CONTROLS



This Control directly supports the implied Control(s):
  • Establish, implement, and maintain an anti-spam policy., CC ID: 00283

There are no implementation support Controls.


SELECTED AUTHORITY DOCUMENTS COMPLIED WITH



  • When sending e-mail out for commercial purposes, the name and address of the person sending it must be provided. (Art 50(2)2, Korea Act on Promotion of Information & Communication Network Utilization and Information Protection, etc.)
  • The sending of commercial e-mail is prohibited unless it accurately identifies the person who sent it or authorized the sending. The message must also include accurate contact information about the sender, and the e-mail address provided for the contact must remain active and valid for at least 30 d… (§ 17(1), Australia Spam Act)
  • A valid return address must be provided when sending a commercial e-mail to a recipient. (Pg 6, Australia Spam Act 2003: A practical guide for business)
  • A person must not send, or cause to be sent, a commercial electronic message that has an australian link, unless the message clearly and accurately identifies the organization or individual who authorized the sending of the message. (§ 17(1)(a), Australian Government Spam Act 2003)
  • A person must not send, or cause to be sent, a commercial electronic message that has an australian link, unless the message includes accurate information on how to contact the organization or individual. (§ 17(1)(b), Australian Government Spam Act 2003)
  • Disguising or concealing the identity of the sender or not including a valid address where the recipient may send a request to cease communications when e-mails are for direct marketing purposes is prohibited. (Art 13.4, Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector)
  • The data controller's name must be displayed prominently on each targeted mail sent, along with where to send requests to object to target mail and phone calls. (Art 28.4, Iceland Protection of Privacy as regards the Processing of Personal Data)
  • Sending communications for direct marketing, sending advertising materials, conducting market surveys, interactive business communication, or any promotional purposes will be prohibited when the identity of the sender is disguised or concealed or a valid address is not given to the data subject to s… (§ 130.5, Italy Personal Data Protection Code)
  • The person who sends the commercial electronic message and the person — if different — on whose behalf it is sent must ensure that the electronic address or World Wide Web page referred to in paragraph (1)(b) is valid for a minimum of 60 days after the message has been sent. (Section 11(2), An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act)
  • Commercial e-mails may not be sent to a protected computer if it does not contain a functioning return e-mail address that is clearly visible to the receiver. This address must stay functional for 30 days. In addition, the message must provide the receiver with options for what kind of e-mail they w… (§ 7704(a)(3), Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, Dec. 16, 2003)
  • Knowingly fails to disclose the actual point-of-origin electronic mail address of a commercial electronic mail message in order to mislead or deceive the recipient as to the source or sender of the message; (6-1-702.5 (2)(b), Colorado Revised Statutes, Title 6, Consumer and Commercial Affairs, Fair Trade and Restraint of Trade, Article 1, Colorado Consumer Protection Act)