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Electronic marketing and internet use

Electronic marketing
Are there rules specifically governing unsolicited electronic marketing (spam)?

No general law prohibits the sending of spam or requires the recipients’ consent before doing so. However, a number of other laws should be considered, including the Computer Crimes Act and the Telecommunications Business Act. For example, the messages must not interfere with the normal operation of the recipient’s computer equipment (which could include a phone) or constitute illegal eavesdropping. Further, the content must be legal (eg, it should not be obscene or constitute criminal defamation or lèse-majesté). The messages also should not be restricted or prohibited under other laws – for example, an illegal offer of securities or insurance will incur additional penalties.

Cookies
Are there rules governing the use of cookies?

While no general law prohibits cookies or requires parties to obtain consent before their use, the use of cookies must not breach the Computer Crimes Act or the Telecommunications Business Act. For example, they must not interfere with the normal operation of the recipient’s computer equipment or constitute illegal eavesdropping.

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