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What are Opt-in Exceptions?

Posted: Sat Feb 01, 2025 9:13 am
by subornaakter20
There are exceptions to the opt-in rule. Even if users have not given their consent, we can still send them promotional emails in the following cases:

Emails regarding registration procedures, etc., and emails to users in business relationships
Emails to users who have made their email addresses public for sales purposes
Email that needs to be sent to users for marketing list of rv owners business purposes


Opt-in is required by law
The "Law Concerning the Proper Transmission of Specified Electronic Mail [Consumer Affairs Agency]" came into force on July 1, 2002 as a regulation on email distribution . Initially, both the "opt-in" and "opt-out" methods were permitted for the distribution of direct mail such as advertising, but an amendment in 2008 introduced opt-in regulations. Currently, only email distribution using the opt-in method is permitted by law.

Therefore, be careful when sending emails to users without opting in, as you may be penalized.




What is the Specified Commercial Email Act? Protect your personal information with opt-in
When conducting email marketing, it is essential to know about the Specified Commercial Email Law, but do you fully understand it? We will answer the questions of those in charge of email newsletters who are "too embarrassed to ask now."
Alala Message


Penalty
If you send email marketing to users without going through the opt-in procedure, you may incur penalties. Under the Specified Commercial Email Act, the following criminal penalties will be imposed depending on the violation.



Violation details

Penalty

Sending messages with false sender information
Imprisonment of up to one year or a fine of up to 1 million yen
* In the case of a corporation, in addition to punishing the perpetrator, the corporation will be fined up to 30 million yen
Sending to fictitious email addresses
Sending to blocked recipients
Violation of display obligation
Transmission to persons without consent
Orders from the Minister for Internal Affairs and Communications and the Prime Minister (in the case of sending to a fictitious email address, an order from the Minister for Internal Affairs and Communications)
Failure to comply with the order will result in imprisonment of up to one year or a fine of up to 1 million yen
. * In the case of a corporation, in addition to punishing the perpetrator, the corporation will be fined up to 30 million yen.
Violation of the obligation to record consent
Orders by the Minister of Internal Affairs and Communications and the Prime Minister
Failure to comply with the order will result in a fine of up to 1 million yen.
* In the case of a corporation, in addition to punishing the perpetrator, the corporation will be fined up to 1 million yen.
Email advertising to those without consent
False or exaggerated advertising or violation of display obligations in email advertising to those who object
Imprisonment of up to one year or a fine of up to 2 million yen

Reference:
Specified Commercial Email Law | Anti-spam measures | Spam Consultation Centerhttps
://www.dekyo.or.jp/soudan/contents/taisaku/1-2.htmlKey
points of the Law on the Proper Transmission of Specified Commercial Emailhttps
://www.dekyo.or.jp/soudan/data/taisaku/201807mlp.pdf