Danish company convicted for spamming

By EDRi · May 7, 2003

The Danish company Fonndanmark was convicted for spamming last week. The
company, specialised in human resource software, has to pay a fine of EUR
2.000 for sending out 156 unsolicited commercial e-mails to 50 different
addresses. In Denmark, spamming is forbidden since June 2000, under section
6a(1) of the Danish Marketing Practices Act (Markedsforingsloven). The act
creates a very broad privacy-protection, for both natural and legal persons
and authorities. The company was sued by the Consumer Council, the
supervisory authority of the anti-spam legislation.

Implementing Art. 13 of the new EU Privacy Directive will mean a
deterioration of Denmark’s privacy-protection. According to the Directive,
people that have already given their address to companies, can still be
spammed with advertisements for ‘similar services’. This policy is called
‘soft opt-in’. The Danish act did not allow for that kind of implicit prior
consent. The amendment is expected to enter into force 25 July 2003.

Danish Consumer Council

Press release about the case in Danish:

(Contribution by Rikke Frank Jørgensen, Digital Rights Denmark)