The sending of unsolicited messages prohibited by the outre-Quiévrain law

Based on European provisions and strict national regulations on personal data, Belgian law protects citizens from any intrusion into their privacy, irrespective of the sending channel used. However, the professional  emailing must follow an opt-in registration procedure to address messages to potential prospects. The outre-Quiévrain law also provides a narrow framework, in particular through a declarative process, the collection and use of contact files.

Consent, mandatory prior to an emailing

Belgian law incorporates the principle of a fair, free and informed collection of the recipient's consent to receiving promotional messages prior to any email campaign. This event allows authorities to distinguish between commercial communication and direct marketing of spam, which is the subject of legal proceedings for unfair competition and network congestion. Only old customers and generic business addresses, such as info@ ... or postmaster@ ..., can be opt-out.

A management of contacts within the framework of the law

The terms and conditions  of collecting and processing contact addresses used during professional emailing are strictly regulated by Belgian legislation. Owners of such databases are obliged to report, either physically or electronically, to the Commission for the Protection of Privacy (Commission de Protection de la Vie Privée). They should also facilitate the exercise of the right of opposition of recipients to the reception of new messages. This is based in particular on the obligatory presence of an unsubscribe link within each of the commercial e-mails.

See also:

- Definition of spam, emailing abuse

- Comply to French law with your email marketing campaigns

- Professional emailing tightly controlled by Swiss law

- Ensure compliance with Belgian law during professional email campaigns

- Conduct professional email campaigns in accordance with Canadian law

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