Is it true that e-mail newsletters can only be sent to users who left their passport data (since January 2011)?

Question

Email

Welcome all!

Yesterday at the conference “Practice of Affiliate Marketing”, an OZON employee raised the question that, allegedly, from January 2011, some amendments to the Civil Code come into force, according to which it is possible to send e-mails to your subscribers and users only if there are their passport details.

At first I did not believe that such an absurdity was even theoretically possible, but later this information was confirmed by other participants of the conference.

I would like to ask those who are in the subject, according to what legislative acts will these innovations be made? It is interesting to read the comments of experts in this field on this issue.

It is also interesting who how will solve this problem. For example, OZON's representatives to a similar question answered something like that until January they work in the same mode, and since January they themselves have not decided what to do in this situation.

As a solution to the problem, I see such a way as to make mailings to my subscribers and users through foreign mail services (even Ukrainian ones), inserting scripts for collecting user data on their sites. In this case, I send out mailings using the mailing list service according to the laws of the country in which this mailing list service is located, and in theory, I cannot and see no reason to control from which country my users register. Will it be legal in the light of the new changes in the Civil Code of the Russian Federation?

Other solutions to the problem are also welcome ...

Answer 1

In theory, according to the Law "On Advertising" dated March 13, 2006 N 38-FZ

1. Distribution of advertising over telecommunication networks, including through the use of telephone, facsimile, mobile radiotelephone communications, is allowed only with the prior consent of the subscriber or addressee to receive advertising. At the same time, advertising is recognized as distributed without the prior consent of the subscriber or addressee, unless the advertising distributor proves that such consent has been obtained. The advertiser is obliged to immediately stop the dissemination of advertising to the address of the person who applied to him with such a demand.

Generally speaking, it is difficult to prove the consent of the addressee without his personal data. But why exactly with NG - I didn’t find anything like that, except perhaps a “damaged phone”: - in the spring of next year, amendments to the Criminal Code, Laws on PD and advertising will probably be introduced to the State Duma - www.rb.ru/topstory/business/2010/12 /02/093631.html

Answer 2

The insanity grew stronger...

Answer 3

Unfortunately, I did not remember the article referred to by the speakers, so as not to be unfounded.
Maybe the law firm Pravo.ru, which partly explains the legislative acts, will tell you something about this? I will be very grateful.

Answer 4

This is some nonsense.