This article contains references to legal texts that may evolve. It is provided for informational purposes only and does not exempt you from informing yourself about the legislation in force in your country!

Reminder of related articles on the subject: What are the rules regarding address files?

Reminder of French Legislation Regarding Spam

In application of Article L.34-5 of the French Postal and Electronic Communications Code, transposed to Article L.121-20-5 of the Consumer Code:

“Direct marketing by means of an automated calling machine, a fax machine or electronic mail using, in any form whatsoever, the contact details of a natural person who has not given their prior consent to receive direct marketing by this means is prohibited.”

Article R.10-1 of the Postal and Electronic Communications Code, amended by Decree No. 2003-752 of August 1, 2003 relating to universal directories and universal information services, now punishes any direct marketing message sent in violation of these provisions with the fine provided for fourth-class offenses (up to €750).

Regarding Illegally Collected Address Files

If you have purchased (or plan to do so) an address file (especially if it concerns the addresses of individuals), ensure the legality of this file. If you use it without ensuring its full compliance with the laws in force, you are liable to prosecution under Article 226-18 of the Penal Code, which provides:

“The act of collecting data by fraudulent, unfair or unlawful means, or of carrying out processing of personal information despite the opposition of the person when this opposition is based on legitimate reasons, is punishable by five years’ imprisonment and a fine of €300,000.”

For information, avoid files containing so-called “opt-in” lists of individuals (unless they come from well-established companies with a flawless reputation – consider doing an internet search on the company name!) for modest sums.

For individuals, you should know that in all cases you must ensure (and possess proof) that the person whose address is in the file agrees to receive emails from you.

In addition to the penalties incurred, the license agreement for our software, and in particular its Article 3, states:

“In the event of proven non-compliance by the client with this obligation [to respect the law], Oxemis reserves the right to terminate the client’s right to use the software and associated services without any refund or financial compensation.”