What this means to Senders:
1. The New Anti-Spam Law’s requirements are not clear until the Japanese government issues its implementation order.
2. Senders must stop sending commercial email to recipients that do not fall into one of the four opt-in categories.
3. Senders should:
a) Assess and review the current recipients of their commercial email
b) Determine whether the category of recipients falls within one of the exceptions.
4. Senders may wish to send an email to its current recipients who do not fall into any of the opt-in groups; whereby, the recipients could opt-in by replying and agreeing to receive commercial email in the future. This option has a higher risk.
5. Senders can create an opt-in mechanism or preference centre on their websites to attract new recipients for commercial email.
6. Senders should adopt a system of keeping accurate records of requests by recipients to receive commercial email.
For more information refer to Morrison & Foerster’s web page “Japan’s New Anti–Spam Law”.
Special Tanks to Matt for taking the time to write this update and provide these guest posts for us. Please tell us what you thought of this series.