Update for 2024. #29
Open
Update for 2024. #29
Conversation
This file contains bidirectional Unicode text that may be interpreted or compiled differently than what appears below. To review, open the file in an editor that reveals hidden Unicode characters.
Learn more about bidirectional Unicode characters
thoeva
requested changes
Apr 19, 2024
| @@ -16,7 +16,7 @@ You cannot use harvested or scraped lists in Australia. Under the spam legislati | |||
| Some organisations are exempt from the legislation. These include registered charities, educational institutions (only when sent to current or former students), government bodies and registered political parties. These messages must relate to goods or services offered by the exempt organisation. | |||
|
|
|||
| ## Penalties | |||
| According to the ACMA, “the penalty units referred to in the Spam Act are currently equal to $180 each. For example, the penalty under section 25(5)(b) of the Spam Act for a company with a previous record of spamming and who sent two or more spam messages on a given day without consent is a maximum fine of 10,000 penalty units. This equates to a maximum penalty of $1,800,000 per day.” | |||
| According to the ACMA, "the penalty units referred to in the Spam Act are currently equal to $180 each. For example, the penalty under section 25(5)(b) of the Spam Act for a company with a previous record of spamming and who sent two or more spam messages on a given day without consent is a maximum fine of 10,000 penalty units. This equates to a maximum penalty of 1,800,000 AUD per day. | |||
There was a problem hiding this comment.
This was a direct quote from the ACMA website. Did you mean to remove the quotation marks, and if it is a quotation mark should we be changing the currency format?
In any event we should be consistent here.
| @@ -1,8 +1,8 @@ | |||
| # China | |||
| China's email marketing regulations are set out in the Regulations of Email Services (RES). The regulations are far more restrictive than the USA's CAN-SPAM Act. | |||
| China's email marketing regulations are set out in the Regulations of Email Services (RES). These regulations are far stricter than those seen in other countries. | |||
There was a problem hiding this comment.
Far stricter than which countries? It doesn't appear to immediately be more strict than the GDPR, but is more than the Indian and USA legislation. Should we be specific here or just remove it – ensuring it's factual.
| As Finland follows the GDPR, it requires that your company must have a data protection officer. The person is in charge of maintaining and enforcing data security standards. | ||
|
|
||
| ## Penalties | ||
|
|
||
| The maximum fine available under the GDPR is up to €20 million, or 4% annual global turnover – whichever is higher. "The Office of the Data Protection Ombudsman" will be the body that will safeguard rights and freedoms when processing personal data. | ||
| The maximum fine available under the GDPR is up to 20 million EUR, or 4% annual global turnover – whichever is higher. "The Office of the Data Protection Ombudsman" is the body that will safeguard rights and freedoms when processing personal data. |
There was a problem hiding this comment.
"The Office of the Data Protection Ombudsman"
We're a bit inconsistent in where we use quotation marks when referring to the authority. They were removed in some (i.e Denmark) but not here.
| @@ -1,5 +1,5 @@ | |||
| # Germany | |||
| Germany has some of the strictness email marketing laws in the world. The German regulations are defined by the Federal Data Protection Act, the GDPR, and the Telemedia Act. | |||
| The maximum fine available under the GDPR is up to €20 million, or 4% annual global turnover – whichever is higher. The "Data Protection Commissioner" will be the supervisory authority here. | ||
|
|
||
| In addition to a fine under GDPR, the Irish government will also impose a fine up to EUR 250,000 per message sent by a company and an individual may be fined up to EUR 50,000 per message | ||
| In addition to a fine under GDPR, the Irish government will also impose a fine up to 250,000 EUR per message sent by a company and an individual may be fined up to 50,000 EUR per message |
There was a problem hiding this comment.
Irish government will also impose a
I reckon this should be "can".
| You can only send marketing emails to those who have provided explicit consent to receive marketing emails from you. | ||
|
|
||
| The recipient can also be sent marketing emails if they shared their contact info, when purchasing a service or product, or when negotiating such purchase (specified for general advertising, which includes marketing emails) | ||
|
|
||
| ## Penalties | ||
|
|
||
| The fine that would be imposed would depend on the severity of breach of the law and could go up to ILS 202,000 in a criminal court. Recipients of spam email may also seek damages which in a civil court could be as much as ILS 1,000 for each message sent by the advertiser to the recipient. | ||
| The fine that would be imposed would depend on the severity of breach of the law and could go up to 202,000 NIS in a criminal court. Recipients of spam email may also seek damages which in a civil court could be as much as ILS 1,000 for each message sent by the advertiser to the recipient. |
There was a problem hiding this comment.
could go up to 202,000 NIS in a
It's new Israeli shekel (NIS) but the ISO is ILS. Maybe worth checking we're consistent in use as they are interchangeable.
country/uk.md
Outdated
| There are large maximum fines that can be levied as penalties in the event of a breach, however the Information Commissioner's Office (ICO) has repeatedly said that it would not make early examples of organisations for minor infringements of the GDPR, nor would maximum fines become the norm. | ||
|
|
||
| The maximum fine available under the GDPR is up to €20 million, or 4% annual global turnover – whichever is higher. | ||
| The maximum fine available under the GDPR is up to 20 million EUR, or 4% annual global turnover – whichever is higher. |
There was a problem hiding this comment.
20 million EUR
17.5 million GBP
| | [South Africa](/country/south-africa.md) | ECTA, CPA, PPIA | Name, email address | Yes | Minimum of implied consent | Fines (no limit) or up to 12 months imprisonment | | ||
| | [United Arab Emirates](/country/uae.md) | RUEC | Name, mailing address | Yes | Implied consent | Fines of up to 10 million AED | | ||
| | [United Kingdom](/country/uk.md) | UK GDPR, PECR, DPA 2018 | Name, mailing address| Yes| Explicit consent, via a minimum of soft opt-in | Up to 20 million EUR, or 4% annual global turnover – whichever is higher | | ||
| | [USA](/country/usa.md) | CAN-SPAM | Name, mailing address, contact information| Yes| Prior consent is not required | Up to $51,744 per violation | |
There was a problem hiding this comment.
Up to $51,744 per violation |
USD?
Sign up for free
to join this conversation on GitHub.
Already have an account?
Sign in to comment
Add this suggestion to a batch that can be applied as a single commit.
This suggestion is invalid because no changes were made to the code.
Suggestions cannot be applied while the pull request is closed.
Suggestions cannot be applied while viewing a subset of changes.
Only one suggestion per line can be applied in a batch.
Add this suggestion to a batch that can be applied as a single commit.
Applying suggestions on deleted lines is not supported.
You must change the existing code in this line in order to create a valid suggestion.
Outdated suggestions cannot be applied.
This suggestion has been applied or marked resolved.
Suggestions cannot be applied from pending reviews.
Suggestions cannot be applied on multi-line comments.
Suggestions cannot be applied while the pull request is queued to merge.
Suggestion cannot be applied right now. Please check back later.
No description provided.