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Include that commercial electronic messages may be sent to an individual in any situation where the sender has prior consent from the individual or another existing business relationship in the anti-spam policy.


CONTROL ID
00300
CONTROL TYPE
Establish/Maintain Documentation
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):
  • Send commercial electronic messages to individuals who have consented to receive them., CC ID: 00302
  • Send commercial electronic messages to individuals who have an existing relationship with the organization., CC ID: 00301
  • Send commercial electronic messages to individuals who perform a business function to which the content of the message pertains., CC ID: 13995
  • Document erroneous messages when an unsolicited commercial electronic message is accidentally sent., CC ID: 00303
  • Give customers the opportunity to object to receiving commercial electronic messages., CC ID: 00304
  • Refrain from unknowingly including hyperlinks in commercial electronic messages to the anti-spam policy's country of origin., CC ID: 00305


SELECTED AUTHORITY DOCUMENTS COMPLIED WITH



  • received confirmation from the Commission that that Singapore telephone number is not listed in the relevant register. (PART IX Division 3 Section 43 (1)(b), Singapore Personal Data Protection Act 2012 (No. 26 of 2012))
  • Commercial e-mails may be sent to recipients who have consented to receive them, and recipients who the sender has an existing business relationship with. (Pg 8 thru Pg 10, Australia Better Practice Guide - Business Continuity Management, January 2000)
  • Commercial e-mail may be sent if the recipient agrees to receive the e-mails or if the sender did not know the recipient had a link to the origin country with the spam policy. In the event that an e-mail sender is taken to court, he must provide evidence that the sending of e-mail out of compliance … (§ 16, Australia Spam Act)
  • Section 18(1) does not apply to the extent to which it is inconsistent with the terms of an agreement or contract between the organization or individual who authorized the message to be sent and the relevant electronic account holder. (§ 18(3), Australian Government Spam Act 2003)
  • When an electronic address allows the public to send electronic messages to a particular employee, director, officer, partner, statutory office holder, self-employed individual, an individual holding, performing, or occupying a particular office or position, or an individual performing a particular … (Sched 2 § 4(2), Australian Government Spam Act 2003)
  • If an organization obtains electronic contact information (e-mail address) from customers upon the sale of a product or service, that organization may use the e-mail address for direct marketing of its own similar services or products, if the customer is clearly and distinctly given the opportunity … (Art 13.2, 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 recipients of target mail are entitled to know where the data came from to send them the direct mail or phone call. This requirement does not apply to data controllers who market their own products and services using their own customer list, if it is stated on the sent material who sent it. (Art 28.4, Iceland Protection of Privacy as regards the Processing of Personal Data)
  • When a data controller uses electronic contact details, for direct marketing of his/her own services or products, that is supplied by a data subject during the sale of a product or service, the data controller may fail to request consent from the data subject, on condition that the services are simi… (§ 130.4, Italy Personal Data Protection Code)
  • commercial e-mail may be sent to a person in any situation where the sender has prior consent from the person or another existing business relationship. Commercial e-mail may also be sent if the person is given the chance to opt-out of receiving e-mails. (§ 107, Austria Telecommunications Act)
  • the person to whom the message is sent has disclosed, to the person who sends the message, the person who causes it to be sent or the person who permits it to be sent, the electronic address to which the message is sent without indicating a wish not to receive unsolicited commercial electronic messa… (Section 10(9)(c), 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)