Is Spamming Legal Under French Law?

Spamming is regulated by the European Directive on Privacy and Electronic Communications, which came into force on July 31, 2002. France, like the other Member States of the European Union, has until October 31, 2003 to implement this Directive. In the meantime, the Courts have recently given some precisions on the rights of the Internet Service Providers (“ISP”) regarding spamming.

The following questions have been addressed in this article:

What can an ISP do if one of its subscribers causes damage by spamming?
Can an ISP end a subscriber’s contract if this subscriber spams without concrete prejudice?
What is "stealth blocking" and is it legal?


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