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La publicite abusive sur Internet : quelques reflexions sur le phenomene du (S0(BSpam(S1 (Bdans la perspective des institutions europeennes et de la Legislation Espagnole


EN: European review of private law.(Belgium : The Nettherlands).Vol. 15, no.2 (2007), p.185-204.

The European framework of principles applicable to the freedom of commercial expression is concretized, at the Spanish level, by standards applicable to the various advertising practices on the internet and in particular with that consisting in sending 'spam'. The Spanish regulation constitutes a significant example. Deviating from the system adopted in the United States, it prohibits purely and simply the sending of unsolicited commercial communications by electronic mail or other equivalent means of electronic communication. However, within the framework of an already existing contractual relation, a company which obtains a customer's data can use it for marketing products or services similar to those which were the subject of the contract (this is referred to as 'soft consent').

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