European Distance Selling Trade Association (EMOTA)

Summary of the initiative

Name
European Distance Selling Trade Association (EMOTA)
Objective(s)
The guidelines establish minimum standards that distance selling companies should follow and will help them to implement the legislative provisions of the Directive 2002/58.

Description of the Initiative

    Sector

    Sector

    Contact Point - Commission
    INFSO B.1.

    Self/Co-Regulation Basic Act

    PRIVATE ACT
    Year
    2004
    Title of Act
    Guidelines for E-mail Marketing

    Geographical Coverage

    Participating Countries
    Austria
    Other countries
    Russia

    Description

    Problems that lead to the introduction of Self/Co-Regulation and the adoption of the Founding Act
    -
    Target Group(s)
    Distance Sellers.
    Type of Instrument(s)
    Guidelines.
    Type of Financing
    -
    Type of Monitoring
    Conduct an initial survey of compliance capacity of future regulateesConduct regular visits and spot checksInitiate complaints proceduresMaintain database of those bounded by the normsProduce regular reportsReceive complaints and verify if norms were breached or notReflexive dialogue with the - stakeholdersOther
    European Commission
    National public authority
    International public authority
    Private regulator (code owner)yes
    Private independent party with a mandate (e.g. auditors)
    Self-appointed private parties (e.g. NGOs)
    Succinct description of the type of Monitoring
    The present 2004 EMOTA Guidelines on e-mail marketing are an addition to the EMOTA Convention on (Cross border) Mail order and Distance Selling signed by the Associations in March 2002. The provisions of that Convention shall be implemented by the National Member Associations within their existing national deontological framework and by the companies according to the conditions specified by the National Associations. Member companies of the National Associations shall be entitled to use the EMOTA logo (with the text: Member of EMOTA) alone or in combination with the logo of the National Association on all their business documents and their website, thereby showing their commitment to abide by the rules as laid down in that Convention.
    Type of Enforcement
    Faming, shaming and blamingJudicial sanctionsMembership suspension/exclusionPrivate finesOther
    Private Regulator
    Private independent party with a mandate (e.g. auditors)
    Court system
    Alternative dispute resolution (ADR) / Online dispute resolution (ODR)
    Succinct description of the type of Enforcement
    In the case of cross border complaints the consumer may ask the National Distance Selling Association in his/her own country to conciliate, if he/she is not able to solve the dispute directly with the company involved.<BR>In that case, the aforementioned National Association shall forward the complaint to the Association of the country of the company concerned, who shall process the complaint in accordance with its own proceedings or through the national body competent in the matter.

    Results of Commission Monitoring

    Link / Reference of Evaluation
    -

    Downloads

    SMO self- and co-regulation database - private code 59