Email Marketing Law in China

Email is an important part of digital communications, prospect building, and customer management in China. It is one of the building blocks of a strong digital marketing strategy and a large percentage of the Chinese use the internet for sending and receiving email. If your company is going to use email, it is important to be sure that you understand the applicable rules and regulations that govern it.

What laws and regulations apply?

The Consumer Rights Protection Law (CRPL) and the Measures for the Administration of Internet Email Services govern email marketing in China.

How do I comply with the Consumer Rights Protection law?

The Consumer Rights Protection law prohibits the distribution of commercial information and material to consumers without their consent or request and when the consumer has explicitly rejected the information or material.

How to I comply with the Measures for the Administration of Internet Email Services?

Emails must comply with the following rules set out in the Measures for the Administration of Internet Email Services:

• emails that contain commercial advertisements may not be sent to recipients without their explicit consent;

• email advertisements must be identified using the words “advertisement” or “AD” in the subject line;

• the identity or origin of the sender my not be intentionally concealed or forged;

• the email must provide valid contact methods, including the sender’s email address, through which recipients can indicate their refusal to receive further emails, which must be valid for 30 days;

• the sender must stop sending such emails when a recipient indicates his refusal.

What are the risks of noncompliance?

Under the Consumer Rights Protection law, companies that infringe on a consumer’s personal data rights may be required to make corrections or forfeit related illegal income and could be given a warning or charged a fine of up to 10 times the illegal income. If there is no illegal income, the maximum fine is RMB 500,000. Under the Measures for the Administration of Internet Email Services, violations may be penalized with a fine of up to RMB 30,000.