What are Taiwan's laws on spam emails?

A Taiwanese company has managed to get my email address and has started spamming me, I did not sign up to their mailing list, and not really sure where they got my email.

What are the laws against such things in Taiwan? Can I sue the company or report them?

1 Like

I believe you can sue them for 500-20,000NT if you can prove damages.

Commercial email can be sent, but you must agree to further emails.

Is there an unsubscribe button?

Do you mean an initial cold call spam email can be sent legally?

Yes

Spam used to be a problem 20 years ago.

In case your email filter is not marking it automatically as spam, setup a manual filter to Auto delete emails from them. Don’t spend more time than that.

Have already stopped them from emailing me, just curious about the laws.

Well those laws too were pretty much from 2 decades ago. Useless in the digital age. They never helped then and won’t help now.

Use tech against them. Block their email. Sign up their customer support email for spam from others :slight_smile:

If they are a commercial enterprise, I believe they can.

1 Like

I’d also be interested to hear if anyone has actually pursued this legally.

In the meantime, classifying as spam in your email client does stuff them up, once the sending domain gets marked as spam by the big email providers, it slows them down as they have to find another domain to email from.

Does anyone know which government agency deals with spam? I’ve been getting multiple emails from a Citibank daily despite asking them several times to remove me from their mailing lists.

This website sums the original question up quite nicely:

I’ve had ChatGPT translate it to English:

According to a recent online survey conducted by the Taipei Consumer E-commerce Association, the average number of promotional emails received by respondents per day has increased from eight in the past to 42.2. On average, respondents have to spend 7.94 minutes per day processing spam emails, and over 80% of users find it annoying, with 92% feeling that their personal privacy has been violated. Spam emails cost Taiwan NT$60 billion annually in social costs and seriously affect the quality of Internet use for the public.

In Taiwan, the problem of promotional emails is mainly addressed through ISPs. For example, the Taiwan Internet and E-commerce Association (TWIA) established the Anti-Spam Email Promotion Committee in February this year, with major ISPs in Taiwan such as Hinet, Seednet, and So-net as members. The association members will establish a technical liaison database for electronic mail systems between ISPs to accelerate the reporting and processing of abnormal amounts of email traffic, and jointly establish the Taiwan RBL database (Realtime Blackhole List) to block spam senders.

In addition, according to Article 360, Paragraph 2 of the Criminal Code, if one uses computer programs or other electromagnetic methods to interfere with the computer devices of others without justification, causing damage to the public or others, criminal responsibility can be imposed. However, according to the fifth point of the explanatory note of the legislative reason for this article, it must be proven that the sender of the promotional email has intentionally destroyed the ISP system or flooded the user’s mailbox, causing damage to the public or others, to constitute this crime. Therefore, if it only causes inconvenience to email users, it is probably not enough to assert this article.

In other words, according to current relevant laws in Taiwan, individual Internet users seem unable to assert their rights to promotional emails. Therefore, under the instruction of the Executive Yuan, the Ministry of Transportation and Communications is assisting in the preparation of the “Management Regulations on Excessive Commercial Email.” According to the provisions of the draft regulations, legitimate commercial emails must provide mechanisms for recipients to choose not to receive similar emails from the same sender or advertiser, and the subject line of the email must also include the words “commercial” or “advertisement.”

The draft regulations also stipulate that if there is a malicious and significant act of excessive commercial emails, especially if the sender conceals their identity, causing harm to others, they will be sentenced to imprisonment for up to two years or fined up to NT$200,000. If the recipient or email service provider suffers damage from excessive emails, they can request compensation. If the recipient cannot prove actual damages, they can request compensation ranging from NT$500 to NT$2,000 per email.

Since the proposal of the regulations, the media has extensively reported on it, with internet users applauding it, but email service providers and advertisers have expressed concerns.

Seems as though as long as you say it’s an advertisement in the subject of the email and offer means for the user to unsubscribe, then you are good.

I realize now that I linked the wrong link above. Let me try and find the correct one.

This is the correct link: 商業電子郵件,就是垃圾郵件嗎? - 台灣法律網-劉孟錦律師事務所

2 Likes

Another article I read from 2012 says that you should also give permission to continue receiving emails in the first email to you, otherwise every email afterwards is considered spam and the user can be compensated. So I don’t know anymore.