Spamming Under Spanish Law

In Spain, unsolicited commercial communications, also referred to as spamming, are regulated by the Act 34/2002 of July 11, 2002 on the Information Society and Electronic Commerce (the “Act,”) which was enacted to implement the European E-Commerce Directive 2000/31/EC. On the European level, spamming is regulated by the European Directive 2002/58/EC on Privacy and Electronic Communications that came into force on July 31, 2002 (the “Electronic Privacy Directive.”)

The following questions have been addressed in this article:

What are the main provisions of the Electronic Privacy Directive?
What main rules apply to spamming under Spanish law?
What further rules apply to promotional or advertising communications by electronic mail?
What are the legal rights of the recipients of commercial communications?
What sanctions apply when the Act is violated?

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