ACM has taken the next step in the fight against spam

Two large affiliate networks are facing up to their responsibilities in the fight against spam. Their actions come in response to investigations and previous steps by the Netherlands Authority for Consumers and Markets (ACM). Affiliate networks Zanox and TradeTracker have taken measures to prevent the distribution of spam. They now require advertisers and publishers to demonstrate they have explicit consent from consumers that wish to be sent commercial emails. These networks will start checking whether advertisers and publishers have obtained such consent. If this is not the case, no mass mailings can be sent over these platforms, which may ultimately lead to exclusion from the network. These firms will actively inform advertisers and publishers about the rules.

Anita Vegter, Member of the Board of ACM, adds: “It is good and important that these two parties are facing up to their responsibilities in order to prevent spam. We expect that more networks will follow their example.”

The fight against spam

Spam messages are commercial messages that consumers receive without having explicitly given consent for receiving them. Sending spam is prohibited. Affiliate networks (such as Zanox and TradeTracker) manage networks where advertisers and publishers are able to find each other in order to send commercial messages to consumers and businesses. Advertisers distribute promotional material in their networks. Publishers possess address databases or websites, and they publish or send these messages. The affiliate networks control these networks, allowing them to make demands on parties that wish to use their networks. As such, affiliate networks are key players in the fight against spam.

In 2013, ACM imposed a fine of more than EUR 800,000 on an affiliate network. This particular affiliate network was involved in large-scale spam operations, acting as a network, publisher and advertiser. With the fine, ACM sent out a clear signal about the responsibilities of affiliate networks regarding email marketing. Besides the advertisers and publishers, affiliate networks, too, are responsible for sending email messages. ACM is currently conducting investigations into various other affiliate networks.

In order to inform advertisers about the rules on spam, the Dutch trade association for online marketing DDMA will sharpen its guideline on email marketing. The revised guideline will touch upon sending commercials emails if the advertiser uses address databases of third parties.