Policy on Sending Email to Private IndividualsConcera frequently receives questions from clients regarding the legal and regulatory framework for sending emails to private individuals. It is our position that these rules are inherently strict, and as such, we apply a correspondingly strict policy with respect to email campaigns and newsletter distribution.
Consent Requirement (Opt-In)
Prior consent is always required before sending any form of commercial or newsletter-related email to private individuals.We strictly adhere to the principle of opt-in registration, which we consider the only reliable method to verify legitimate subscription. "Opt-in" entails that a subscription must be confirmed via email, containing a confirmation link that the recipient must actively click, similar to widely accepted practices in SMS-based services.
Grey Areas and Customer Relationships
A legal grey area exists concerning whether businesses may send commercial email to existing customers regarding previously purchased or similar products/services. While this may be permissible under some interpretations, it requires verifiable evidence that the recipient has indeed previously made a purchase or engaged with the business.
In cases where email addresses were collected via phone or paper forms, it is often impossible to prove that the email address provided actually belongs to the intended recipient. For this reason, we strongly discourage the use of such lists unless properly verified through digital opt-in procedures.
Responsibility and Liability
Unless the email addresses are collected via our own validated systems, such as Aino or other opt-in systems explicitly approved by Concera, the responsibility and legal risk of sending the email rests entirely with the customer.
If you provide a verified and legally compliant mailing list, it is unlikely that problems will arise. However, should issues occur (such as blacklisting or regulatory complaints), this may result in financial consequences for the sender.
These may include but are not limited to:
- Fines imposed by regulatory authorities (e.g., for violation of privacy or anti-spam laws)
- Technical and administrative costs incurred due to blacklisting, server maintenance, or the forced shutdown of systems by data centers
Any fines issued will be directed to the sender (you, as the client).
System management costs resulting from such events will be billed to the customer by Concera. In the worst-case scenario, this may require complete server reinstallation at an alternative location, with new IP addresses, and comprehensive blacklist handling and delisting.
Summary
Sending mailings to unverified recipients increases the risk of spam complaints (e.g., via services like spamcomplaint.nl).These complaints may be directed to the sender, the hosting provider, or even the data center. Should the data center take action (such as blocking an IP address), this may — depending on your hosting arrangement (e.g., shared hosting) — affect multiple websites beyond your own.Risks include regulatory penalties and consequential damages that may be charged to you as the customer.