SPAM is an unauthorized distribution of usually advertising, goods and services, which is carried out without the consent of the recipient. Under the current legislation of Ukraine, the organization of SPAM mailings of any nature, whether e-mail or SMS is a crime.
In addition, in order to accurately classify a message as SPAM, there must be at least one more feature from the following list:
the message is massive;
in the message there are no reliable information about the full name, own mail or e-mail address of the customer or the sender of the message;
The subsequent receipt of the message cannot be terminated by the recipient by informing the customer or the sender.
Under the current legislation of Ukraine, the organization of SPAM mailings of any nature, whether e-mail or SMS is a crime. SPAMER violates at least three laws of Ukraine - “On Advertising”, “On Protection of Personal Data”, “On Protection of Consumer Rights”.
Law "On Advertising" Article. 15 determines - The text of advertising about certain goods or services must contain complete, accurate information about them. Such is the cost of products / services, the presence of age or other restrictions, the name and address of the supplier of the advertised brand, etc. The absence of such information gives grounds to assert that the addressee violates the law.
Law “On Personal Data Protection” оlimits - “processing of data on an individual without his consent is unacceptable, except in cases defined by law, and only in the interests of national security, economic well-being and human rights” (Article 6). Although, based on the above definition of the term “personal data” in the law (Art. 1), a single mobile phone number (without specifying the name and surname of its owner) is not personal data, since it cannot identify its owner.
At the same time, the fact of accessing via SMS is already processing the personal data of the person, and, therefore, is governed by this law. So, before sending a message to a specific individual, the company, in order to avoid violation of the law, must first obtain the consent of the addressee to receive their mailing.
Law on "Consumer Protection", Article 19 - “Unfair entrepreneurial practices, that is, activities that mislead the consumer or are aggressive (contain elements of coercion, affect or may affect freedom of choice), are prohibited. Such forms of business practice as systematic telephone, facsimile, electronic or other communications without the consent of the consumer are also prohibited. ”
Spammer in Ukraine does not bear real responsibility. The only effective method of dealing with a criminal is to make his activity unprofitable. Do not pay for goods and services SPAMER.
According to statistics, nine out of ten messages received by e-mail are SPAM. SPAM even comes to email addresses that have never been published on the network. We get more than 70% of explicit SPAM in spite of the special appeal on the main page of our site.
We are a member of the project Ukrainian SPAMER catalog and do not recommend paying and using products and services of organizations that are present in this directory.
