Anti-spam policy
Anti-spam policy
Business and Belgian email addresses can be sent without the recipient's permission. For all Dutch e-mail addresses, you must obtain the consent of the recipient. On this page you will find the most important rules for e-mail senders.
35. NOTE: If you send messages to Dutch contacts without the recipient's permission, you may be breaking the law. The ban on spam concerns messages that cause nuisance. A personal message (i.e. not a weekly commercial newsletter) to a person or company with whom the sender has already had contact is therefore not a problem.
Who are the senders of electronic messages under the law?
The spam ban lists the following parties as senders:
• the sender who actually sends the message (presses the send button) (*)
• the sender who initiated the transmission
(*) Manu-Mail NV cannot be held responsible for sending e-mails on behalf of third parties.
The customer declares that he meets all the requirements of the anti-spam law and the data protection law (AVG - GDPR) and that the e-mail addresses have been obtained correctly.
What are the legal requirements for sending electronic messages?
When sending messages, you must comply with the following requirements:
1. prior consent: the recipient must have given his consent
2. the identity: the recipient must be able to see who sent the message
3. unsubscribe option: the recipient must know how and from whom they can unsubscribe if they no longer wish to receive messages.
1. Obtaining prior consent
Before you can send unsolicited messages, the recipient must give you free or specific and informed consent. Voluntary means, for example, that the recipient has given his or her own consent. A provision in the terms and conditions does not inform the recipient of "what he or she is consenting to". Vague descriptions such as "you agree to receive emails from this company and its (selected) partners" are not specific. It must be clear what the recipient is specifically consenting to.
You must always be able to demonstrate that you have received prior consent from the recipient. It is up to you how you interpret it.
Do you use address files? You can only use them if you have received prior authorization to send e-mail messages to those addresses (or telephone numbers). If you do not have a relationship with an existing customer or if you cannot prove prior authorization, you may not use an address file. Belgian business e-mail addresses can always be consulted without authorization.
2. Revealing the real identity of the sender
As a sender, you must indicate your true identity in every e-mail message you send. The use of aliases or pseudonyms is not allowed.
3. Provide an unsubscribe option
Each message sent must offer the possibility to cancel. Even if the recipient has previously agreed to it. You must offer the recipients this possibility free of charge and in a simple way. It is therefore not easy to fill in a detailed questionnaire before unsubscribing.