News Release
Erkki Liikanen
No. 44/03
July 15, 2003
SPAM: EUROPEAN COMMISSION GOES ON THE OFFENSIVE
Erkki
Liikanen, European Commissioner for
Enterprise and the
Information Society, outlined today in Brussels how the European Commission
is planning to address the proliferation of unsolicited commercial e-mail, otherwise
known as “spam.” Given the timely adoption last year of a
Directive on Privacy and Electronic Communications, member states have to
transpose a “ban on spam” into national legislation by the end of October 2003.
As a second step, the European Commission expects a Communication on spam to be
adopted in the Autumn. Concrete action would focus on effective enforcement, notably
through international co-operation, technical measures for countering spam and
consumer awareness. The proposed measures would be first tested with member states
and interested parties through a workshop to be convened in October.
The
proliferation of unsolicited commercial e-mail, or “spam,” has reached a point
where it creates a major problem for the development of e-commerce and the Information
Society. Businesses and individuals spend an increasing amount of time and money
simply to clean up e-mailboxes. The loss in productivity for EU businesses has
been estimated at EUR 2.5 billion for 2002. Also, it is estimated that before
the end of the summer, over 50 percent of global e-mail traffic will be spam.
Spam has the potential of destroying some of the major benefits brought about
by services such as e-mail and SMS.
Erkki Liikanen said: "Combating spam has become a matter for us all and
has become one of the most significant issues facing the Internet today. It is
a fight over many fronts. The EU, Member States, industry and consumers all have
a role to play in the fight against spam both at the national and international
level. We must act before users of e-mails or SMS stop using the Internet or mobile
services, or refrain from using it to the extent that they otherwise would."
The
EU was a first mover on the legal front by adopting as early as July 2002 a Directive
that will lead to a pan-European “ban on spam” to individuals. With a limited
exception covering existing customer relationships, e-mail marketing is only allowed
with prior consent (Article 13 of Directive 2002/58/EC of 12 July 2002 on Privacy
and Electronic Communications). This so-called “opt-in” regime equally covers
SMS messages and other electronic messages received on any mobile or fixed terminal.
Member states can also ban unsolicited commercial e-mails to businesses. Member
states have to apply and effectively enforce this regime by the 31st
of October 2003 at the latest.
Other actions outlined today address the various legal, technical and educational
facets of spam. Member states, industry and consumers are all expected to contribute
to an effective implementation: measures include enforcement by public authorities,
co-operation within industry (filtering, codes of conduct), consumer (and industry)
awareness, as well as bilateral and multilateral international co-operation.
The
Commission will notably be working together with the data protection authorities
from the member states grouped in the so-called “Article 29 Working Party.”
These actions will be tested first with member states and interested parties during
a workshop to be convened by the Commission in October. This workshop will primarily
be addressed to member states, industry and consumer associations. The intention
is to identify a series of actions to which member states and interested parties
can commit themselves.
Since much spam comes from outside the EU, international co-operation is a key
element of the Commission's response. During a visit to the US Federal Trade Commission
in June, Commissioner Liikanen stressed the need for a global approach to what
is a global problem. He therefore offered today to host an OECD workshop on spam
early in 2004 to convene experts from the different regions of the world. The
EU has also asked that the issue of international co-operation in the fight against
spam be included in the Action Plan to be agreed at the forthcoming World Summit
on The Information Society to be held in Geneva on 10-12 December this year, in
order to draw top political attention to the question and to foster synergies
between the various initiatives.
Commissioner Liikanen also welcomed the announcement that the
Transatlantic Consumer Dialogue has considered the fight against spam a major
priority for 2003 and will devote part of its next annual meeting to this problem.
Other measures in the new regulatory framework for electronic communications
The
Directive on Privacy and Electronic Communications is part of a new, wider regulatory
framework for electronic communications (see
IP/01/1801 and
IP/02/259). Today, Commissioner Liikanen recalled that (except for the Directive
on Privacy and Electronic Communications) the date of application of this new
regulatory framework is 25 July 2003.
Although progress is good in most member states, Mr. Liikanen stressed that the
Commission will take appropriate enforcement action against member states that
do not implement the new package are in a timely fashion.
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Press Contacts:
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Willy Hélin
202-862-9530
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Maeve O'Beirne
202-862-9549
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