Unsolicited email, does Europe allow spam? : The state of the art of the European legislation with regard to unsolicited commercial communications

Unsolicited commercial emails, also referred to as junk-mail or spam, is considered a rude and irritating form of marketing. The sending of unsolicited commercial emails has appeared on the European political agenda more then once. The discussion on this issue evolves around the question whether an ‘opt-in’ or an ‘opt-out’ approach should be installed. Opt-in means that no commercial messages may be sent without the prior consent of the receivers. Opt-out means that individuals can register in so called opt-out registers, or indicate to companies which have sent them emails that they no longer wish to receive such messages. There are several legislative acts in Europe that affect the sending of unsolicited emails. At present, two future directives are being prepared affecting the subject. This has led to a reopening of the discussion in the European Parliament. This article contains an overview of the current legal rules, as well as a discussion of the proposed legislative acts.