Hey there,
to answer Michelle's question: yes, if you are sending emails to a
European citizen, the European law applies, or to be more specific, the
law of the recipient's country. Meaning, if somebody sends mail to me,
German law applies. It should be the same in Canada aswell, should it not?
But the laws, especially the German one, which I'm familiar with, do not
apply to MailChimp in this case, but to the 'sender' or in data
protection terms: the responsible authority. So, if a spammer uses a
given ESP, the spammer is subject to the specific laws, not the ESP.
And in the real world, I don't think it would hold up any second. There
are lots of lawsuits against US companies, but in most cases the
companies do have a European subsidiary. I'm not aware of any successful
case involving a completely non-European company.
cheers,
Mathias
Am 10.06.2016 um 20:20 schrieb Michelle Sullivan:
Benoit Panizzon wrote:
So the Mailchimp Abuse Desk was asked, with reference to the according
legal articles and proof that the email was sent by their customer, to
please disclose the identity of the customer sending those emails.
Mailchimp always answers, that they are a US company and are only
obliged to US law where providing an opt-out link is good enough and
disclosure of the identity of their customer is not possible under US
law. Also they can not block a customer because of spaming if the
customer provides an opt-out mechanism, which is all what us laws
require.
You know this amuses me and I wonder if the EU law is in anyway similar
to the Au law which you didn't mention...
In AU law it specifically states that a company is considered within the
AU jurisdiction and therefore subject to AU Law (the Spam Act 2003) if
it delivers email to Australian domains and/or Australian Hosted
domains/mailboxes. I wonder how Mailchimp would answer that... I
wonder how it holds up in the real world?
Regards,
--
optivo GmbH
Deliverability & Abuse Management
Wallstraße 16
10179 Berlin
Telefon: 030 / 76 80 78 269
Fax: 030 / 76 80 78 499
Email: mailto:[email protected]
Website: http://www.optivo.de
Handelsregister: HRB Berlin 88738
Geschäftsführer: Dr. Rainer Brosch, Thomas Diezmann
optivo ist ein Unternehmen von Deutsche Post DHL Group
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