Spam Control Act 2007: A Lay Guide

Some owners of small businesses have asked me for some general digestible guidance on the new anti-spam initiative in Singapore.

The Spam Control Act 2007 will be effective in Singapore from June 2007. If you send unsolicited commercial electronic messages in bulk, you will need to comply with the Second Schedule of the Act.

WHEN YOU NEED TO COMPLY

It will apply to you if:

a. You, by electronic means (e-mail / SMS), advertise / promote goods, services, land or business / investment opportunities, including all suppliers / providers of these items; and

b. You send more than 100 messages within 24 hours OR more than 1000 messages within 30 days OR more than 10000 messages within 1 year on the same or similar issue; and

c. You have not sent such messages by mistake.

COMPLIANCE REQUIREMENTS FOR MESSAGES BY E-MAIL

1. All such unsolicited e-mails must have a valid unsubscribe e-mail address and inform the receiver how to unsubscribe. It should also have a valid telephone number or e-mail address for the receiver to contact you.

2. The instructions to unsubscribe should be clear, obvious and in English. The unsubscribe e-mail address should be genuine and effective for 30 days from the time the receiver gets your message.

3. If a person unsubscribes, you must give effect to this request within 10 business days (Monday - Friday, except public holidays).

4. The first words of the subject of the e-mail must be "ADV" in <> followed by a space and the subject.

5. Information about the sender of the message should not be not false or misleading.

COMPLIANCE REQUIREMENTS FOR MESSAGES BY SMS

A. All such unsolicited SMS must have a valid unsubscribe mobile number and inform the receiver how to unsubscribe. It should also have a valid telephone number or e-mail address for the receiver to contact you.

B. The instructions to unsubscribe should be clear, obvious and in English. The unsubscribe mobile number should be genuine and effective for 30 days from the time the receiver gets your message.

C. If a person unsubscribes, you must give effect to this request within 10 business days (Monday - Friday, except public holidays).

D. The words first appearing in the SMS must be "ADV" in <> followed by a space and the message.

E. Information about the sender of the message should not be not false or misleading.

CONSEQUENCES OF NON-COMPLIANCE

Any person who suffers loss or damage can take you to court.

The aggrieved person can get an injunction or damages (up to $1 million or more, if loss is more than $1 million) from the court against you.

For more comprehensive advice, please consult your independent lawyer.

Happiness,
Dharmendra Yadav

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