Italia (IT)

Italy

Combattere lo spam: Come colpire gli spammer al portafogli (How to Hit Spammers in the Wallet)

Massimo Cavazzini recounts the steps taken to get compensation from a spammer via the 'Garante' (Data Protection Authority, established according to Law 675/96)

This is how it worked:

• he received a spam advertising hosting service;
   
• he replied asking (using snail mail) for the spammer to give information about how he got his personal data, the purpose of data treatment, etc.
   
• the answer did not come in time or was considered unsatisfactory, so a formal recourse was sent to the Garante authority (to do that costs about EUR 26, plus mailing expenses)
   
• the Garante reached its decision in about two months.
   

From a correspondent: (2002-04-29)

In Italy there are 3 different laws defending Internet users from spam:

1. DL 675/1996 on privacy protection: this states, above all, that a company must have an authorisation from each user whose personal data (like email) they want to use.
    
2. DL 171/1998 (deriving from the European Community directive 97/66/CE) on telecommunications privacy protection: this put outlaws all automatic systems to call a user and says that all the expenses of an advertising must be paid by the company and not the user (faxes and emails are instead paid also by the user)
    
3. DL 185/1999 (deriving from the European Community directive 97/7/CE) on customers protection about long-distance contracts: this says that if a company wants to sell something outside a commercial building (for example on the internet or on the phone), to advertise its products it must have permission of the user.

Acting on these 3 laws, here is possible to have a refunding from EUR 500 to 5000, the company will be investigated on its privacy policies and those responsable for handling personal data can also be jailed. All this, for each spam email. And a customer does not have to pay lawyers… it is enough to send a signed mail to the company asking for explanation about its spam and if they have an authorisation for sending advertising; the law obliges the company to answer within 5 working days. After that, if the explanations of the company are not enough, the user can send another mail to the Italian Privacy Authority that will investigate by itself. Usually the Privacy Authority makes the company pay about EUR 500 to the user.
 

A Legislatve Decree of 22 May 1999 implementing the Distance Contracts Directive (97/7/EC) entered into force on 21 June 1999. The full text is available in Italian.

Email is included with those means of communication (fax and robot phone systems) which require prior consent from the recipient when used for advertising purposes. Violations subject to fines from around EUR 500 to 5000, which could be doubled in cases of severe or repeated offences.

(1999-07-19)
 

"According to our information, the deadline for implementation of Directive 97/7/EC is 4 June 2000 and that for Directive 97/66/EC is 24 October 1998. According to statements made by the competent authorities, negotiations concerning the method are proceeding. In any case consumers are protected by already existing legislation, for example through the right of withdrawal [from contracts], through the right not to go ex-directory, etc."

Besten Dank/Mille Grazie to the Europäische Konsumentenberatungsstelle/Centro europeo d'informazione ai Consumatori in Bozen/Bolzano

(Beebit 1998-06-08)