WRITTEN QUESTION E-1997/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(16 June 2003)

Subject: Unsolicited e-mail (spamming)

The USA recently adopted legislation to curb spam e-mail. Some states enable recipients to sue spammers for up to USD 25 000 a day, while the possibility of prison sentences is also being considered.

Given that millions of Europeans with e-mail facilities are plagued by spamming and that the Community institutions are also frequently affected, is the Commission considering taking measures to stamp it out and, in general terms, does the Commission consider it appropriate to adopt Community legislation to combat the phenomenon?

Joint answerto Written Questions E-1997/03 and E-2085/03given by Mr Liikanen on behalf of the Commission

(24 July 2003)

The Honourable Members ask in substance whether (and if so which) measures are being considered by the Commission as regards unsolicited e-mails or spam.

As a preliminary remark, while it is true that many American States have indeed adopted legislation addressing spamming, the United States does not have specific federal legislation on spamming. The United States Congress is, however, currently discussing such federal legislation, and the Federal Trade Commission can decide to act against certain cases of spam where these constitute fraudulent or deceptive practices.

In contrast, the Parliament and the Council have already adopted legislation in July 2002 prohibiting the sending of e-mails without prior consent, except in very limited circumstances (see Article 13 of Directive 2002/58/EC of the Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector(1)). This Directive has to be transposed by Member States by 31 October 2003 at the latest.

The success of this approach will first of all depend on its effective transposition and in particular its enforcement by Member States. To facilitate a successful follow-up, an initial list of actions has been suggested to Member States and competent authorities via the Communications Committee (which assists the Commission in the context of the new regulatory framework for electronic communications) and the Article 29 Data Protection Working Party.

In addition to this Directive, Article 10 of Directive 97/7/EC of the Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts(2) provides for restrictions on the use of certain means of distance communication including e-mail. For the context of distance marketing of consumer financial services, Article 10 of Directive 2002/65/EC of the Parliament and of the Council of 23 September 2002(3) establishes for similar restrictions for unsolicited communications. So called scope clauses guarantee that these rules are applied vis-à-vis third countries (Article 12(2)). Finally, for the general context of e-commerce, Article 7 of Directive 2000/31/EC of the Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market(4) establishes means for the protection against spam.

But legal action as such is not enough. Consumer education and awareness are also essential, as well as industry involvement through e.g. best marketing practices and the provision of effective filtering facilities. The Commission will liaise with industry and consumer organisations to promote effective initiatives in this area.

Finally, since spam is a global problem, international co-operation at both bilateral and multilateral levels is also essential. Recent efforts e.g. at the Organisation for Economic Co-operation and Development (OECD) level, are more than welcome. Bilateral contacts are ongoing, and co-operation with the United States will be important in this regards since an important portion appears to come from entities based in the United States.

(1) OJ L 201, 31.7.2002.

(2) OJ L 144, 4.6.1997.

(3) OJ L 271, 9.10.2002.

(4) OJ L 178, 17.7.2000.