How to legalize newsletter clients

We recently posted a free sample of the Site Agreement for free. Now we want to tell how on its basis to legalize the newsletter to users.

Each of us is faced with the problem of SPAM. Agree, it is unpleasant to receive newsletters from unknown sources. On the other hand, any site owner wondered how to convey a message to the user, bypassing the SPAM filters and the recycle bin.

In addition to this mailing users may violate the law. We note at least two problems:
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1. The Law “On Advertising” prohibits the distribution of advertising over telecommunication networks, including the Internet, in the absence of the prior consent of the subscriber or addressee to receive advertising (Part 1 of Article 18 of the Federal Law-38).
2. The Law on Personal Data requires the consent of the subject of personal data to the processing of his personal data and registration in Roskomnadzor as an operator of personal data (Clause 1 of Article 6 of Article 6 and Part 1 of Article 22 of Federal Law FZ-152).

The responsibility for the newsletter information below, and now about a simple way to throw fears out of my head and get down to business.

Notification of personal data processing

It does not require obtaining consent for the processing of personal data and registration of the PD operator using personal data for the purposes of entering into and executing an agreement. At the same time, the agreement on the consent to receive the advertising list can be included in the contract.

Where to get this agreement, if you have never seen the user? The answer is simple: any user of your site can accept the user agreement when registering, filling out a feedback form or subscribing to news.

In fact, the User Agreement is a contract of accession. To do this in section 1.2. The agreement specifically provides for the rule:

Your use of the Service in any way and in any form within its declared functionality, including:

• viewing content within the Service;
• subscribe to newsletter;
• sending messages using online forms on the Site;
• contacting the support service of the Site on the details posted on the Site;
• other use of the Service,

creates an agreement under the terms of this Agreement and the documents required for the Parties specified in it in accordance with the provisions of Article 437 and 438 of the Civil Code of the Russian Federation.

This approach has long been used in practice by sites with the registration function and successfully scaled to one-page and business cards sites.

Permission for advertising newsletter

Consent to the newsletter is given by the user simultaneously with the adoption of the User Agreement. For this purpose, a special section 4 “Notifications” is included in the sample agreement.

4.1. The User agrees to receive from the Rightholder to the email address and / or subscriber phone number specified by you when working with the Service, informational emails (hereinafter referred to as “notifiers”).
4.2. The Rightholder has the right to use the notifiers to inform the User about changes and new features of the Service, about changes to the Agreement or the Required Documents specified therein, as well as for sending information or advertising.

You can use our User Agreement template as an example when creating your own agreement for the site or host it "as is" in tandem with the appropriate Privacy Policy.

Please note that the content of the Privacy Policy depends on the composition of the data collected on your site, the ways and purposes of their use.

What threatens the violation of the law on advertising and personal data.

The penalty for violation of the ban on the Federal Law "On Advertising" under Part 1 of Art. Administrative Code: for citizens from 2 to 2.5 thousand rubles; for officials (including individual entrepreneurs) from 4 to 20 thousand rubles; for legal entities from 100 to 500 thousand rubles.

For PD processing in cases not provided for by the legislation on PDN (without obtaining consent) under Part 1 of Article 13.11 of the Administrative Code of the Russian Federation a fine is provided: for individuals 1 thousand rubles; for officials from 5 to 10 thousand rubles; for jur. persons from 30 to 50 thousand rubles.

In the absence of a notice to Roskomnadzor about PD processing (for inclusion in the register of PDN operators), liability under Article 19.7 of the Administrative Code of the Russian Federation in the form of a warning or a fine for citizens in the amount of 100 to 300 rubles is provided; on officials - from 300 to 500 rubles; for legal entities - from 3 thousand to 5 thousand rubles.

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