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Include a personal identifier, an opt-out provision, and a physical address to add the recipient to the do-not-e-mail registry in all commercial e-mails.


CONTROL ID
00289
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

This Control has the following implementation support Control(s):
  • Make the opt-out functional after the e-mail is sent, as necessary., CC ID: 00290
  • Unsubscribe users from the opt-out notification, as necessary., CC ID: 00291
  • Make identifiers accurate after e-mails are sent, as necessary., CC ID: 00292


SELECTED AUTHORITY DOCUMENTS COMPLIED WITH



  • A commercial e-mail or phone message or fax must describe what info is contained in the message and provide a clear way for recipients to reject the transmission and additional transmissions. (Art 50(2)1 thru Art 50(2)4, Korea Act on Promotion of Information & Communication Network Utilization and Information Protection, etc.)
  • The commercial -e-mail may not be sent unless it clearly indicates what it is about, includes contact information for the sender and provides a clear method for recipients to opt-out of receiving further messages. (§ 15, § 17, Australia Spam Act)
  • Clear, accurate identification of the sender and the ability for the recipient to opt out of receiving further e-mails is called for. More details about the opt out feature are provided. The opt out feature must be simple to use, easy to locate, and be available to the recipient for at least 30 days… (Pg 6, Pg 13, Australia Spam Act 2003: A practical guide for business)
  • A person must not send, or cause to be sent, a commercial electronic message that contains an australian link, unless the information complies with the conditions stated in the regulations, if any. (§ 17(1)(c), Australian Government Spam Act 2003)
  • A person must not send, or cause to be sent, a commercial electronic message that contains an australian link and is not a designated commercial electronic message, unless the message includes a statement that the recipient may use the electronic address to send an unsubscribe message to the organiz… (§ 18(1)(c), Australian Government Spam Act 2003)
  • A person must not send, or cause to be sent, a commercial electronic message that contains an australian link and is not a designated commercial electronic message, unless the opt out statement is presented in a clear and conspicuous way. (§ 18(1)(d), Australian Government Spam Act 2003)
  • A person must not send, or cause to be sent, a commercial electronic message that contains an australian link and is not a designated commercial electronic message, unless the electronic address is legitimately obtained. (§ 18(1)(f), Australian Government Spam Act 2003)
  • A person must not send, or cause to be sent, a commercial electronic message that contains an australian link and is not a designated commercial electronic message, unless the electronic address complies with the conditions stated in the regulations. (§ 18(1)(g), Australian Government Spam Act 2003)
  • An electronic message is a designated commercial electronic message when the message contains only factual information and the name, logo, and contact details of the organization or individual who authorized to message to be sent. (Sched 1 § 2(1)(a)(i), Australian Government Spam Act 2003)
  • An electronic message is a designated commercial electronic message when the message contains only factual information and the author's name and contact details. (Sched 1 § 2(1)(a)(ii), Australian Government Spam Act 2003)
  • An electronic message is a designated commercial electronic message when the message contains only factual information and the name, logo, and contact details of the author's employee. (Sched 1 § 2(1)(a)(iii), Australian Government Spam Act 2003)
  • An electronic message is a designated commercial electronic message when the message contains only factual information and the name, logo, and contact details of the author's partnership. (Sched 1 § 2(1)(a)(iv), Australian Government Spam Act 2003)
  • An electronic message is a designated commercial electronic message when the message contains only factual information and the name, logo, and contact details for the organization, if the author is an officer or director of an organization. (Sched 1 § 2(1)(a)(v), Australian Government Spam Act 2003)
  • An electronic message is a designated commercial electronic message when the message contains only factual information and the name, logo, and contact details of the sponsor, if the message is sponsored. (Sched 1 § 2(1)(a)(vi), Australian Government Spam Act 2003)
  • An electronic message is a designated commercial electronic message when the message contains only factual information and the required information from section 17. (Sched 1 § 2(1)(a)(vii), Australian Government Spam Act 2003)
  • An electronic message is a designated commercial electronic message when the message contains only factual information and the required information from section 18, if that section applies to the message. (Sched 1 § 2(1)(a)(viii), Australian Government Spam Act 2003)
  • An electronic message is a designated commercial electronic message when a government body, a registered charity, or a registered political party authorizes the message to be sent, the message relates to goods or services, and the body is the supplier of the goods or services. (Sched 1 § 3, Australian Government Spam Act 2003)
  • An electronic message is a designated commercial electronic message when an education institution authorizes the message to be sent; the electronic account holder is, or has been, enrolled as a student and/or a member or former member of the household of the electronic account holder is, or has been… (Sched 1 § 4, Australian Government Spam Act 2003)
  • Messages that are sent for direct marketing purposes must be clearly and unambiguously marked. The messages must not conceal or disguise the identity of the sender and must have a valid address that the recipient can send a request to for stopping the communications. (§ 28, Finland Act on the Protection of Privacy in Electronic Communications, Unofficial Translation)
  • E-mail messages should contain the source of the e-mail and clearly provide a way for the individual to click through to opt-out of future e-mails. (§ N5.5, Canadian Marketing Association Code of Ethics and Standards of Practice)
  • When sending a commercial e-mail, it must contain a clear and conspicuous message stating that it is an advertisement, a clear description of a method for opting out of receiving further e-mails and a valid physical postal address for the sender. (§ 7704(a)(5), Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, Dec. 16, 2003)
  • The organization should provide consumers a clear notice of their right to opt-out and a phone number for any inquiries. The organization should develop procedures to ensure the opt-out requests involve all activities of the consumer. (Accounts Receivable Conversion Opt-Out Amendment, ACH (Automated Clearing House) Operating Rules OCC Bulletin 2004-58, December 2004)