United KingdomElectronic Commerce Regulations, Commercial Communications
Electronic Commerce (EC Directive) Regulations 2002 (S.I. 2002/2013), regs. 7, 8 and 13
In force since .
A commercial messages rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Disclosure
What it requires
- Make every commercial communication that forms part of an online service clearly identifiable as a commercial communication, and clearly identify the person on whose behalf it is made.
- Clearly identify any promotional offer (a discount, premium or gift) and any promotional competition or game as such, and make the conditions for qualifying or taking part easily accessible and clear.
- Make an unsolicited commercial communication that you send by electronic mail clearly and unambiguously identifiable as such as soon as it is received.
These lines are LexLint's reading of the law's text.
What this law does
Regulation 7 requires a provider of an online service to make each commercial communication that forms part of the service clearly identifiable as a commercial communication and to identify the person on whose behalf it is made, and to identify any promotional offer, competition or game as such with its conditions easily accessible.
Regulation 8 requires an unsolicited commercial communication sent by electronic mail to be clearly and unambiguously identifiable as such as soon as it is received, and regulation 13 lets a recipient of the service sue the provider for damages for breach of statutory duty.
When LexLint raises it
When your app profile says your app sends automated outreach or sends commercial email.
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Page updated .