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
http://www.forbrugerstyrelsen.dk

Press release about the case in Danish:
http://www.forbrugerstyrelsen.dk/presse/03/pm010503.htm

(Contribution by Rikke Frank Jørgensen, Digital Rights Denmark)