Before Launching That Email Marketing Campaign in the DR, Review the Anti-Spam Law

A company buys a database of email addresses and launches a mass campaign without asking anyone for permission. In the Dominican Republic, that decision, so common in other markets, can lead to a damages claim and, in the most serious cases, to criminal liability. Since 2014, the country has had its own law against unsolicited commercial email: Law 310-14.

The rule seeks to curb the mass sending of commercial messages without the explicit consent of the recipient, and to give that person a legal avenue when the rules are violated. Its first requirement is visual and easy to overlook: every commercial email must clearly indicate in the subject line the word ‘Publicidad’ (Advertising), and if the content is directed at adults, ‘Publicidad para Adultos’ (Advertising for Adults).

In addition, every commercial communication must clearly identify who sends it, full name, address, and a real email, not a generic address, and offer an active response mechanism so that the recipient can request to stop receiving further messages. That mechanism is not decorative: the law requires it to respond within a period of two days from the moment the recipient expresses their refusal.

When you can write without prior permission

The law does not prohibit all email marketing. If a prior commercial relationship with the recipient already exists, and the recipient has not expressed a wish to stop receiving communications, or if the person voluntarily requested the information, the sending is legitimate. The dividing line, in practice, is consent: implicit through a commercial relationship, or explicit through a request.

The penalties are not only civil. Law 310-14 criminalizes offenses, from falsifying the sender of an email to fraudulently collecting email addresses in order to resell them, with prison terms of six months to five years and fines of one to two hundred times the minimum wage, according to the infraction.

If your company does email marketing in the Dominican Republic, review three things before the next campaign: the consent of each recipient, the ‘Publicidad’ notice in the subject line, and that the opt-out mechanism actually works within two days. We can audit your commercial communications flow and your privacy policy for compliance with this law.

Do you want more information about our services for Anti-Spam Law Business Compliance Review in the Dominican Republic? Contact Us.

Disclaimer: This publication is not intended to provide advice or suggest a guaranteed outcome as individual situations will differ and the situation may have changed since publication. For specific advice on the information provided and related topics, please contact the author.

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