Is it true that e-mail list will only be possible to users that have left the passport data (January 2011)?

Greetings to all!

Yesterday at the conference "the Practice of affiliate marketing" employee OZON has raised the issue that the alleged January 2011 come into force some amendments to Grazhdanka Code, according to which to broadcast by e-mail to its subscribers and users only if you have their passport details.

I first did not believe that it is even theoretically possible is a nonsense, but later this information was confirmed by other participants of the conference.

I would like to ask those who in the subject, under any legislation to be made these innovations? Interesting to read the comments of experts in the field on this issue.

Also I wonder who how to solve this problem. For example, representatives OZON'and a similar question answered about what to January work in the former regime, and from January until they decided what to do in this situation.

As a solution to the problem, I see a way to do a mailing to their subscribers and users through the foreign postal services (you can even Ukrainian) by inserting at the sites of their scripts collect user data. In this case, I am doing a mailing using the service of mailing to the law of the country in which the service of e-mail is, and the idea is that I can't and I see no reason to control the country where I have registered users. Is it legal in light of the new changes of the civil code?

Also welcome other solutions to the problem...
October 10th 19 at 05:55
4 answers
October 10th 19 at 05:57
The idea is that according to the Law "On advertising" from 13.03.2006 N 38-FZ
1. The dissemination of advertisements through telecommunication networks, including through the use of telephone, facsimile, mobile telephone communications, is allowed only with the prior consent of the subscriber or addressee to receive advertising. In this case, advertising is recognized distributed without the prior consent of the subscriber or addressee of advertisements if it is proved that such consent was obtained. Advertisement shall immediately cease the dissemination of advertisements to the person who applied to him with such a request.


To prove the addressee's consent no personal data generally speaking difficult. But why with NG — not found anything like it, except that "telephone": in the spring of the following year may be submitted to the state Duma amendments to the criminal code, Laws on personal data and advertising — www.rb.ru/topstory/business/2010/12/02/093631.html
Interesting turns. I.e. in fact to prove that the user has agreed to the newsletter is not practically possible, even if the user has confirmed this by entering a special code or click on the link podtverdila.

Thank you! - brody11 commented on October 10th 19 at 06:00
Yes, the problem is to prove that the code or link activated is the owner of the box, not the person accidentally or intentionally gain access to it. And if you ignore the letter about the opt-out in any form...

In General, the problem of user identification for any legal action very difficult, especially when the user refuses to accept the fact of committing some action. The law is almost always on the user side, the user actually rare exceptions may abandon any of their actions, at the same time having the right to demand legal recognition of their significant expression in any form, which may at any time refuse.

The maximum that can prove under normal circumstances, the service provider only that the action took place with the IP issued to a specific person, but a direct proof is not., in the best case — at the discretion of the judge. It would be enshrined in the legislative otvestvennost for the actions or, at least, the burden of proof that the address used stranger was lying on the user, as in the case of, for example, with cars or guns service providers would be much easier to live in the legal field without the fear of fans to obtain compensation of moral harm - Marshall.Lakin74 commented on October 10th 19 at 06:03
Thank you for Your detailed review.
And what are the solutions to the problem? Really delegating the newsletter on behalf of the website of the foreign company which is not subject to the requirements of the Russian legislation, work, steaming in the possible similar problems? Because with this case I don't send it, they (foreign company sending) messages, which the user signed... - brody11 commented on October 10th 19 at 06:06
October 10th 19 at 05:59
Marasmus was intense...
October 10th 19 at 06:01
Sorry, don't remember the article referred to by the speakers, not to be unfounded.
It can be a legal company Pravo.ru that part clarifies legislative acts, tell me something about this? I would be very grateful.
October 10th 19 at 06:03
The delusion of some kind.
Well, Yes, until no one will be punished is nonsense. - brody11 commented on October 10th 19 at 06:06

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