Presentatie over juridische implicaties van direct marketing in Europa, door Alexander Singewald (Singewald Consultants Group), op Fusion2006, het congres van Adformatie Groep.

2. The Ten Legal Direct Marketing Mistakes Most Commonly Made in the EU and How to Avoid Them DMA Conference October 16, 2006 3:00 pm – 4:15 pm Lucerna Iuris <http:www.lucernaiuris.eu>

22. Error no. 5: ‘Europeans like fax-marketing?’ Chart B-to-B Information August 2006 opt-out United Kingdom opt-out Switzerland opt-in Italy opt-in Spain opt-in Austria opt-out, becomes opt-in The Netherlands opt-in Germany opt-out France opt-in Belgium Fax Country opt-out Portugal opt-out Hungary opt-in Czech Republic opt-in Cyprus opt-in Slovakia opt-in Poland opt-out Sweden opt-in Norway opt-out becomes opt-in Finland opt-in Denmark Fax Country

24. Error no. 6: ‘E-mail is the best and legally safest tool for acquisition in the EU’ OPT-IN & OPT-OUT in B-to-B Finland Sweden Slovenia Austria Slovakia Czech Rep Ireland Poland Hungary UK Germany Denmark Portugal Italy Netherlands France Spain Belgium OPT-OUT OPT-IN

26. Error no. 6: ‘E-mail is the best and legally safest tool for acquisition in the EU’ Interpretation of “similar products” The word “similar” implies that customers may have a reasonable expectation of receiving e-mail from the same company, which would require a case-by-case assessment according to guidance from the Irish data protection authority. Ireland Someone who has shopped online would expect to receive e-mails promoting the diverse range of goods available from the operator of that website. UK Although this concept has not been considered in court, it is accepted that the product or service offered to the customer has to be of the “same kind” (i.e., it must have the same purpose, intended use or customer demand). In addition, it is assumed that accessories and supplies that are directly related to the goods ordered are similar. Germany Judicial interpretation given to the term “similar” in the area of promotional sales (albeit in a different context) suggests that French courts may interpret the exception quite restrictively. In one case, a colour TV was not regarded as similar to a black and white TV. France Preparatory works of the Royal Decree on the regulation of publicity sent by electronic mail state that that products or services within the “same category” of products or services are to be considered as “similar.” (CDs, DVDs and videotapes are given as examples of similar products.) Belgium

29. Error no. 7: ‘Customer list exchange in Spain is as easy as everywhere else in the EU?’ Comparison Chart (I)

30. Error no. 7: ‘Customer list exchange in Spain is as easy as everywhere else in the EU?’ Comparison Chart (II)

33. Error no. 8: ‘The use of national “Robinson lists” (do-not-mail, do-not-call) is voluntary?’ Country Chart Information August 2006 MPS, TPS, CTPS, FPS, eMPS, Deceased United Kingdom MPS, TPS Switzerland MPS, TPS, FPS, eMPS, Mobile SMS Italy MPS, Deceased Spain MPS, eMPS Austria MPS, TPS, Mobile, Deceased The Netherlands MPS, TPS, FPS, eMPS, Mobile SMS Germany MPS, TPS, eMPS, Deceased France MPS, TPS, eMPS, Mobile SMS Belgium Preference Service Country - Portugal MPS Hungary - Czech Republic no PS, since prior consent is needed Cyprus - Slovenia MPS Poland MPS, TPS Sweden MPS, TPS, Deceased Norway MPS, TPS, eMPS Finland MPS Denmark Preference Service Country

37. Error no. 10: ‘Sanctions for violations of EU privacy regulations are minimal?’ Data protection chart