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[Mike Young]

There's a new law going into effect on May 26th that could affect the way you do marketing online.
Although it is in the United Kingdom, it has the potential to cover marketers in other countries who do business with UK citizens.

The key to compliance is transparency and disclosure.

You can read more about it at the following link.

http://mikeyounglaw.com/wp/2008/05/12/unfair-word-of-mouth-marketing-can-put-you-in-jail/#more-267

Note that this law includes criminal penalties with possible prison time. Not something to take lightly.

Best wishes,

-Mike

[Chris Lockwood]

The word "jurisdiction" comes to mind.

[Mike Young]

The word "jurisdiction" comes to mind.

Both subject matter and in personam jurisdiction are at issue. But a sovereign state can make a cogent argument that if you do business with its citizens, there is jurisdiction.

Note that a British spammer living in Australia was extradited to the U.S. and sits in a federal prison because he violated U.S. law. Extraterritorial application of laws happens all of the time by treaty, agreement, or otherwise.

-Mike

[Lisa Preston]

Now THAT is very good information to know.

Most people believe that you only have to adhere to the laws where you reside. It's simply not true.

[Chris Lockwood]

That's exactly what they want you to think. Brainwashing is alive and well.

[Josh Anderson]

Hey Mike,

About this statement:

"“the commercial practice fails to identify its commercial intent, unless this is already apparent from the context”

Would it not be apparent that the communication is commercial if you subscribe to a newsletter or publication from a business?

I don't exactly have to say "welcome to my business" every time I greet you since on first contact you knew I was a commercial business in order to help you remember I am in business do I?

It seems this is another one of those laws that some parts fly in the face of common sense.

If someone subscribes on my company website they should expect to receive commercial communication from me and nothing but commercial communication. Why would one need to identify it as such over and over since all I am talking is business and I never email to see how the wife and kids are doing?

So in the case of this law would the legal arm have to prove that the recipient was not aware that they subscribed to a commercial business publication?

It seems to be geared toward protecting the unaware from those that try and deceive but if you subscribe to a business publication what else could you expect but commercial communication.

[Joseph Ratliff]

Wow...the internet also opened up the world of legal battles too...now we can fill/overflow ALL the courtrooms in the world with our legal junk.

Any how...this is still GREAT information to know. 

[Davet]

Thanks Mike for your post. I need to spend more time on Ablakes Online Legal
and that's no joke !

Best Regards

DaveT

[Chris Lockwood]

> It seems this is another one of those laws that some parts fly in the face of common sense.

Don't most of them?